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SomeOneInFl
Jan 26, 2010, 04:12 PM
Its been a pretty bad couple of years. It seems I have bad case of sever peripheral artery disease that started up in 2008. I have been a resident here at this complex in Orlando Florida for 15 years. I got laid off Dec 2008 and things started getting rocky but was stubborn and thought I could work. So I didn't file for disability until Nov 09. I didn't know that it take average 3 or 4 months for it to start and I could be denied. Though I have 2 docs that tell me I cannot work, and my options have been pain control meds or amputation. I took pain control. Anyway, rent is now at the point where I got the notice from the court. I answered it with basically the same I put here but of course didn't file any monies with the clerk. As its now just under 1/2 my unemployment goes to Wallgreens for medication.
I put in the letter I want to pay and stay a resident in good standing and my disability once it starts is enough to live on especially if I get some sort of medicare. Plus Im under the understanding that SSD will give me back pay on the disability which I can use to catch up easy enough.
I just wondering what people think? Are they going to take me to court or do I have to freakout each time I hear a car thinking it's the sheriff? Im hoping court as I know I will owe but maybe by then the checks will be coming in.
Comments?

twinkiedooter
Jan 26, 2010, 05:21 PM
You should have discussed this option with your landlord - not the Judge. The Judge only dispenses the law. The landlord may or may not consider your proposition. Also, if you are approved for disability the first 5 months are considered the "waiting time" in which you will not receive any benefits.

Also, how are you collecting unemployment if you are not "able" to look for or hold a job? That is part of each week's claim declaration.

How old are you? If you are under age 65 you cannot get Medicare for your meds on disability until you are on disability for 12 months.

SomeOneInFl
Jan 26, 2010, 05:31 PM
I have talked with the property manager and can't get a clear answer.
The last 1 year of 5 that I worked for a company the company allowed me to work from home doing IT support. So Ive been looking for the same thing via computer.
Im 43, so basically you think Im out of luck and lose all I own and on the streets.
Im screwed I guess, I tried friends already but no one can help.

twinkiedooter
Jan 27, 2010, 08:57 AM
I'm sorry that I had to tell you the truth on your situation. Basically I don't see your property manager bending the rules for you to keep staying there for free after the matter goes to Court. The manager could end up losing his job over you staying there for free.

If I were you I'd start looking for alternative housing immediately!

I also worked for a Disability Attorney in Florida for several years. It was extremely rare for a client to be approved the first time they applied for Disability. Sometimes it literally took years and the help of an attorney to get approved. Things may be different now, but I don't know.

You definitely should have applied back in 2008. At least you would have an idea by now if your claim was approved or not.

Once you are denied you can seek an attorney's help in getting your claim approved.

SomeOneInFl
Jan 27, 2010, 09:15 AM
Ive been looking for other means since the day I got laid off. Just no luck.
I did find out about the Federal Homeless Prevention and Rapid Re-Housing Program for my area. Which 2 off the places will help a single male for up to 18 months. But one is not taking apps until Feb 1 and the other March 1.
That is part of the question actually, will it go to court or just the sheriff at my door, Im jumping now each time I hear a car door because I don't know.
I am keeping them up to date as much as possible. The only thing I would hope from the manager to bend possibly is if it got to the 24 hour notice part. As I am disabled and right now the plan would be to live in the car which means most of what I own would go to the dumpster which would take a few days with what friends I know who would really help.

twinkiedooter
Jan 27, 2010, 09:43 AM
The matter will go to a hearing before the Judge. Has a Notice of Hearing been sent to you yet? Attend this hearing and speak with the Judge. The Judge might just give you a few days after the hearing to vacate.

I was a landlord in Florida years ago and I had to take a tenant to court for nonpayment of rent. The Judge gave them 7 days in which to vacate the apartment. This was the Ft. Lauderdale area.

Things may be quite different there now.

The Judge at the Eviction Hearing will give you a definite date that you must vacate the apartment. Then, you must be out of the apartment with all your belongings or your belongings can be left at the curb for anyone to take away.

SomeOneInFl
Jan 27, 2010, 10:48 AM
No court date yet. I was under the impression that if I didn't write a letter to the court and their lawyer and deposit the monies owed with the clerk of the court they could just evict me without going to court since I did write the letter but of course did not deposit the monies. So that is what is scaring me.

twinkiedooter
Jan 27, 2010, 06:46 PM
Sorry for the delay in getting back to you.

Ok, the attorney cannot just force you to vacate your apartment until a hearing is held before a Judge on this matter. As I said previously, the only person who can tell you when you must vacate is the Judge.

Right now, the only thing you have to worry about is the date of the hearing. May I suggest that you contact the Clerk of Court tomorrow and ask if a hearing date has been set for this matter? Be sure to note the hearing date and time, place, etc. and be there at that hearing. If somehow you don't get a Notice of Hearing for this matter - GO ANYWAY to this hearing at the proper time and place.

Then have your say before the Judge. The Judge will give you so many days to vacate the apartment. Then, you must adhere to this date otherwise the property manager can get a Writ of Possession and literally throw you out lock, stock and barrel (as the old saying goes).

If you didn't deposit the money, that's okay too. What the apartment attorney is going to do is ask for the delinquent rent in his judgment request and also court filing fees and attorney's fees.

SomeOneInFl
Jan 27, 2010, 07:01 PM
According the evict notice from the court it says if the 3 things one being the deposit to the clerk is not done I can be forced out without a hearing so that is where Im confused.
However, I talked to the manager keeping him up to date, as of now they haven't gone to the court date part. And he knows that I have that Federal Rent Assistance info and will call to make an appointment on 2/1 or 3/1 (thats how there are doing it now matter how had a person situation is) So for now it "seems" I will have a roof over my head until 2/1 at least.
No biggy on the delay.

Fr_Chuck
Jan 27, 2010, 08:09 PM
Also with judges you never know. If you have all of your medical files given to the judge, I have seen some give a few weeks.

But you need to GO down to the court and talk to them about where your case is, and the status

SomeOneInFl
Jan 27, 2010, 08:26 PM
True