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jhidalgo1961 · Jan 4, 2010, 09:22 AM

I been living in this house for 22 months, we signed a lease with the landlord that was due the past Feb 2009.
Landlord agree to verbally renew the lease contract without signing any other new contract papers.

Last October 2009 we received papers from court letting us know as tenants that the house is going on foreclosure.
House is going on public auction on January 28, 2009.

Before we knew about the foreclosure landlord was collecting rent and it was paid on a timely manner. We have copies of checks given to him until Sept 2009, October and because landlord request, rent was paid in cash but he never gave us any kind of receipt or proof of payment of rent.
After that, we received several phone calls from a Real Estate agent who stated was representing the landlord. This person try to collect from us November rent, but since what happen with the previous amount paid we did not pay her.
On Dec 29, 2009 we were served with an eviction summons from the landlord, we answered the eviction summons inmediately and filed on court (we did not deposited on court the past due rent allegedly requested for the landlord)
On Dec31,2009 a "default" was mailed to us from court wich states:
"A default is herby entered as to the defendants in favor of the Plaintiff with regard to posession only"
My question is:
Since these papers were mailed to us, how many days do I have to move from the house..?
Landlord has the security deposit (1 month rent) that was never returned to us, how can we collect this money back?
Is it legal what the landlord is doing to us??
How do I request more time to move, because I haven't get a new house to move in..?

AK lawyer · Jan 4, 2010, 10:07 AM

You seem to be saying that you paid the landlord rent through September by check and for November in cash. Did you pay for December and January?

It is puzzling how you could have been defaulted "for possession only" if you filed an answer. Was the rent you failed to deposit rent you had already paid the landlord? The court should have held a hearing.

At any rate, the entry of default is not the same as an order or judgment for possession. That will follow. If I were you I would contact the clerk of court to determine exactly what is happening. Better yet, go to the court clerk's office, ask to see the file, and talk to the clerk after you have reviewed the file.

It is also strange that the landlord feels he needs possession for the short period between now and the foreclosure sale. Obviously he can't rent it out in that time.

jhidalgo1961 · Jan 25, 2010, 01:54 PM

As of Jan 7 we vacated the house. Eviction papers were never served.

jhidalgo1961 · Jan 25, 2010, 02:22 PM

The situation with this landlord is becoming a nigthmare for us,
As a continuation of my first inquiry about that my Landlord was losing his house on a foreclosure, that he had collected rent from us in a timely manner for the last year and a half except the last month because he initiated an eviction against us to vacate the house, we decided to move out before that happen, in it is just what we`ve done.
As of Jan 7 we vacated the house and the eviction papers were never served.
Now that I am just moved from that house, we received on the mail 3 letters (2 from the landlord y 1 from an attourney) stating that:
"we should inmediately tender the amount of US$ 15,000.00, serving as the treble damage amount of $ 5,000.00 in personal property that you (us) knowingly and deliberately converted from the landlord. You (us) converted the appliances and garage door motor with a total value of $ 5,000.00 belonging to the landlords, prior to your eviction from the residence you (us) were renting from them. Fla. Stat 772.11, "Civil remedy for the theft or exploitation... "

Basically the letters from the Landlord explains the same... and gives us 15 days to answer, if not he will dedusct this amount from my security deposit.

Is this legal..!

When we left the house and move to this new one, we left everything, clean, in place and in better condition that when we rented that house.
When we left that house around 3 pm on Jan 7th, almost inmediately the landlord changed locks so we couldn`t get into the house again.
Seens that this person is trying to get additional money from us, accusing us of stealing from his house..!
It has to be something that can be done against this people.
What should I do..!
Please help us..!

ScottGem · Jan 25, 2010, 02:36 PM

First, please do not start a new thread for the same issue.

Second, you have made serious mistakes all down the road.

Mistake 1, paying in cash without a receipt.
Mistake 2, not paying rent due when due.
Mistake 3, apparently you did not answer a summons in timely fashion so a default was entered against you.
Mistake 4, not doing a walk through with the landlord when you vacated and getting him to sign off on it.

Now I'm not at all following what this new case is about. His he saying that you changed the appliances and garage door motor? Is this true? Did you leave those items when you vacated?

The only way I see 772.11 applying here is if you removed those items when you moved. If you did, then you are guilty. If you did not then he has no case. But what he DOES have is an attorney and that means you need your own attorney to successfully fight him.

jhidalgo1961 · Jan 25, 2010, 05:59 PM

We did not take any of the appliances that he is mentioning, what should we take those appliances if the house where we are renting now has all that..!
Thanks for your help, definitely we are going to get a lawyer to figth him back..!

ScottGem · Jan 25, 2010, 06:18 PM

Then I don't see why he's suing you under 772.11. One defense you can bring is that, if he found you took these appliances, why wasn't a police report filed.

Talk to an attorney, I think you may have a counter suit for harassment and false accusations.

Fr_Chuck · Jan 25, 2010, 08:22 PM

Of course you can't break a lease merely because the house is in foreclosure, You will owe him for the entire amount and time of the lease, or up to the day that the home is sold at foreclsoure sale.

Florida does not require the landlord to even try and rent the property out.
Since you breached the lease, he is within his rights to serve you eviction notice, this allows him to legally enter the home.

As for the other items, since you appear not to have had a signed inspection walk though, it will be your word against his. As a landlord, I have often had stoves, washers and more stolen when the tennants move out, so a judge may easily believe this.