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View Full Version : Landlord entry with bogus notice


notamarshmallow
Jul 11, 2010, 06:28 PM
I rent a house from family - basically month to month, and have for some years. Recently huge family drama came into play with myself and the family-landlords being on the opposite side. This caused more drama, and a new month-to-month lease (increase in rent basically). It was last moment, I signed, paid and immediately looked for a new dwelling. I found a new rental for July, but needed to give 30 days notice to the family-landlords... I did so, and with that also included a whole month's payment for the month of July. My notice was sent mid-June and by registered overnight mail (the check was from the bank, if that matters. In retaliation, the evening she received my notice, the family-landlord sent a homemade notice for lease not being renewed (according to our lease, she only had to give 15 days notice). Her "notice" was taped to my door (remember this is in June) and was wrongfully dated a few days before (so it looked like she kicked me out first). Additionally, she mentioned that certain items in the house were hers - like the washer and dryer... false... there wasn't any machines, I brought my own. I ignored her letter, knowing it was retaliation/hostilities.

I've used the extra days in July to move out the remaining small percentage of things I couldn't get in the first roundtrip, which I'm still doing. I feel I have that right since I've paid for the entire month of July. I've been over there every other day either cleaning or doing yard work... I wanted to be able to say I left it honorably. Once I saw evidence that someone had been in the house but brushed it off as possibly being paranoid. We were there yesterday afternoon, in fact... and returned this evening. A burgler bar was removed from my house/door completely, and homemade curtains I placed on the front door (a kind with windows) were removed, as well as some things from the home (nothing of value... just enough that I would take notice). There was a "notice" taped to the door stating that they were entering yesterday at 2p (it wasn't there yesterday) to show the house for rental purposes. Here in FL LLs are required to give 12 hours notice. I didn't receive a phone message/text/email... and since I'm convinced they've been in the place at least once before they knew we were not spending the nights there.

What recourse do I have? She's already lying about stuff during our pre-dispute period, lying about possessions in the home and lying about her time/posting of entry.

Fr_Chuck
Jul 11, 2010, 07:11 PM
You are out, your property is out of the house, forget it, and move on with life

notamarshmallow
Jul 11, 2010, 07:22 PM
Not all of my property is out, just the majority. There were things missing, things broken and things moved around.

ScottGem
Jul 11, 2010, 07:38 PM
First, please don't use the Reply option for followups. Use the
Answer This Question options.

Second, can you prove that items are missing?

Third, the 15 day notice she gave is immaterial unless she followed it up with a court filing for an eviction order. She didn't so its now moot.

notamarshmallow
Jul 11, 2010, 07:54 PM
Sorry, the "answer" section was further down my screen - and the reply button is what I'm used to seeing on message boards.

I can't prove that things were left behind and are now missing, and I can't prove things were not broken before I left (a sculpture was smashed)... but because I'm moving things in a car, I can't move everything at once. I suppose the best I can do is to take a camera there and take photos of the process.

The homemade notice on the door said that she was showing the place for potential renting - but I was there prior to the stated time, and I know it wasn't on the door then. Our state law doesn't say that showing a property for rental purposes is covered by the 12 hour notice anyway. Basically, it is all a method she's using to harass or retaliate against us. If I take the time off work and just move the rest of the stuff out and forget about cleaning up further (it does need cleaning, though) but just take photos of how I left the house, I can be done with it and deliver keys early. Still, I know that there is damage to the house now that wasn't done by us and was done recently (one of the expensive blinds in the front were, I guess, yanked - the strings that supported it on one side were popped). I don't have photos yet of the things - and really, photos aren't going to prove anything, will it? She could just say I took photos of a clean house and then trashed the place if she really wanted to.

ScottGem
Jul 12, 2010, 03:15 AM
Yep you are caught between a rock and a hard place here. I assume you are not expecting your deposit back. So the real worry is she detailing damages over and above what the deposit will cover, then suing you for that amount. So the best you can do at this point is move out as fast as you can and document as much as you can.