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-   -   Eviction (https://www.askmehelpdesk.com/showthread.php?t=693686)

  • Aug 14, 2012, 10:19 AM
    sally1201
    Eviction
    Landlord's daughter pretended to be the owner. I have been paying rent for 6+ years since 2006 to her. I have a signed lease from 2006 that was forged by her in order to rent the house. In October/November 2011 the House fell into foreclosure and now she is trying to evict me because she has a closing date this month (August 2012)! I have paid my rent for August. I have nowhere to go and no time or money to move in 3 days. PLEASE HELP!!
  • Aug 14, 2012, 10:55 AM
    Fr_Chuck
    She can not evict you in 3 days.

    If your rent is paid, they will have to give you at least 30 days and then if you don't move They will have to file in court for an eviction.

    After six years of renting to you, she obviously had permission of the owners to rent the house. And is most likely working as their agent.

    And if she does not own the house , how is she selling the house ?

    They can evict you but with proper notice, so start looking for somewhere to move.
  • Aug 14, 2012, 11:02 AM
    joypulv
    Surely you have known since last fall that the house was in foreclosure? Signs on the lawn, people walking through? I don't understand how you managed to not know until less than a month from the closing. The daughter acting for her mother is not relevant. It would be a separate issue even if it were someone totally unrelated.
    You have a lease from 2006, but have you had any new leases since then? If not, then you are a tenant at will, also called month to month.
    There are certain laws in some states if you want to tell us the state. But you need to say WHEN you were first notified of the foreclosure.
  • Aug 15, 2012, 06:45 AM
    sally1201
    I live in Miami, Florida! Landlords daughter assured me that she was doing a refinancing and the bank was working with her to keep the house! She lied to the bank and said it was owner occupied and never told them it was rented. On Friday, 8/10/12 she called to tell me the bank was doing an inspection on the house for the remodification! Come to find out, the new owners show up with their appraiser & tell me they have a closing date! Now the daughter is nervous cause she cashed my rent for August and now is trying to evict me before closing date of the 26th! The house never fell into foreclosure, she just pocketed the rent for YEARS and was trying to sell it to ANYONE!! She is not the owner so she forged bank documents in the owners name. Even the 3 day eviction is forged!
  • Aug 15, 2012, 06:50 AM
    sally1201
    Quote:

    Originally Posted by Fr_Chuck View Post
    She can not evict you in 3 days.

    If your rent is paid, they will have to give you at least 30 days and then if you don't move They will have to file in court for an eviction.

    After six years of renting to you, she obviously had permission of the owners to rent the house. and is most likely working as their agent.

    And if she does not own the house , how is she selling the house ?

    They can evict you but with proper notice, so start looking for somewhere to move.



    I am looking! But it's a renters market in Florida! Everything is WAY out of my league! I still pay rent, therefore, I have VERY little money to move a family of 4! Let alone in 2 days!! :'(( she told me she was doing a refinancing and not to worry! She never told me she fad a contract on the house, let alone a closing date! She just wanted to continue to steal my money and then push me out on the street!! ://
  • Aug 15, 2012, 08:34 AM
    JudyKayTee
    Quote:

    Originally Posted by sally1201 View Post
    I am looking!! But it's a renters market in Florida!! Everything is WAY out of my league!! I still pay rent, therefore, I have VERY little money to move a family of 4!! Let alone in 2 days!!! :'(( she told me she was doing a refinancing and not to worry!! She never told me she fad a contract on the house, let alone a closing date!! She just wanted to continue to steal my money and then push me out on the street!!!!! ://


    You need to consult with an Attorney - she cannot profit from crime so if the lease was a forgery you might have a shot at getting your money back.

    Otherwise - all the exclamation marks make this difficult to read. I understand your anger, but I think you need to step back a step or two if you are going to resolve this in your favor.
  • Aug 15, 2012, 09:41 AM
    ScottGem
    Quote:

    Originally Posted by sally1201 View Post
    She is not the owner so she forged bank documents in the owners name. Even the 3 day eviction is forged!!

    First, you need to calm down and stop throwing out accusations. Second, please explain to me how a 3 day eviction is forged?

    There is NO such thing as a "3 day eviction". If your rent is late or there is a breach of the lease the landlord can give you a 3 day pay or quit NOTICE. Such a notice says that you have to pay in full or repair the breach within 3 day or you need to vacate.

    Since you are paid up through the end of August, a 3 day pay or quit is invalid and can be ignored (unless there is some other breach of the lease which would have had to be specified in the notice.) Her next step after the 3 days is to go to court for an eviction order. This involves a hearing. At the hearing, you present your rent receipts showing you are up to date and the case is dismissed.

    Unless she signed someone else's name to the notice there is no forgery. And, for you to know it was a forgery you would have to know what the owner's signature looks like. Do you?

    However, Florida law allows a landlord to terminate a month to month tenancy with 15 notice notice prior to the end of the rental period. If she does not give you notice today to be out by the end of August, then she can't get you out until the end of September.

    As to your other accusations. You state: "She is not the owner so she forged bank documents in the owners name.". How can you possibly know this? Did you see the documents she signed with the bank? Have you ever spoken to the mother? How do you know the mother is the owner? Even if she is, how do you know the mother has not authorized the daughter to represent her? You state: "she just pocketed the rent for YEARS". Again, how do you know this. Unless you have spoken with the mother you don't know what she did with the rent money. You state; "continue to steal my money". How was your money stolen? Did you get a place to live for the money you spent?

    Finally, the people buying the house, do you think they have not checked to see whether the purchase is legal?

    So to sum up. You are making a lot of accusations that I don't see ANY proof of. On the other hand, you can't be evicted without her going through the proper channels. If the buyers are willing to close before they can take possession, the sale still might go through.

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