My question involves landlord-tenant law in the State of: Florida
I received an Eviction Summons on Saturday, December 01, 2017 for non-payment of rent. My lease expired on 07/05/17 and converts to a month to month lease with the same terms except only 15 days notice to terminate are required. In the Eviction summons I received, the landlord (will call him the bad owner) included as his notice a "Fifteen Day Notice for Possession of Premises" and signed a Proof of Service saying that it was served on 10/01/17 at 6:30 pm. I did not receive any notice whatsoever from the Landlord, if I had, I would have immediately contacted the other owner of the property (the other landlord, it's owned by two individuals in a partnership LLC, will call him the good owner) to let him know, as he does not wish me to be removed from the premises. The bad owner has lied and conducted illegal actions numerous times against myself and other tenants, which is why the good owner became involved in things.
1. I have three questions. first question is this, wouldn't the bad owner have to serve me a 3 day notice as well before he is allowed to proceed with eviction based on non-payment? I don't think the 15 day notice of lease termination is sufficient, as it does not list the amount of rent I owe, it just says that my tenancy is terminated as of 10/15/17 and I'm required to vacate on said date.
2. I say serve 3 day notice as well, but he DID NOT serve the 15 day notice to me either, so can I also dispute that as a defense? I would think it would be my word against his. I was the property manager, and I always took a picture of the notice on the door and the house with the address showing, he might have done the same, then taken the notice down so that I wouldn't know about it and he could blindside me and the good owner with this eviction. How can I prove he didn't serve me a notice except to say that I ALWAYS tell the other owner anything that happens immediately, so it IS telling that I didn't.
3. Can he evict me even if the other owner doesn't want me evicted? Couldn't the other owner just show up and cancel the eviction filing? Or, if it can't be cancelled by the other owner of the LLC, could he show up in court and tell the judge that they are in a dispute and he does not want me to be evicted?
I really, truly, appreciate any help anyone can give. I'm well versed in the general Landlord Tenant law, but these questions are sort of in the grey area.
Here is the 15 day notice he claims to have served with all confidential information blacked out:
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