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Prexik145 · May 5, 2008, 11:27 AM

Almost three years ago I was laid off by my long term employer. I was unable to find another suitable position for many months and as such found it extremely difficult to pay my rent each month.
I notified the apartment complex of my situation and was told it was not their problem and that unless the rent was paid in full I would be evicted. A day later, I received a letter stating that unless all rent (one month) was paid within three days I would be locked out of my apartment and would forfeit all items inside the residence.
I tried to reason with the management company but they would not budge. As I did not want to lose all my personal possesions, I immediately moved out of the facility and notified the management company.
Three years went by without a word from the management company and then I received a collection notice for the remaining months on the original lease (four months).
I am hoping there is a way out of this as I did not voluntarily break the lease. I just chose the lesser of two evils.

Any advice would be greatly appreciated.

JudyKayTee · May 5, 2008, 11:48 AM

Originally Posted by Prexik145

Almost three years ago I was laid off by my long term employer. I was unable to find another suitable position for many months and as such found it extremely difficult to pay my rent each month.
I notified the apartment complex of my situation and was told it was not their problem and that unless the rent was paid in full I would be evicted. A day later, I received a letter stating that unless all rent (one month) was paid within three days I would be locked out of my apartment and would forfeit all items inside the residence.
I tried to reason with the management company but they would not budge. As I did not want to lose all my personal possesions, I immediately moved out of the facility and notified the management company.
Three years went by without a word from the management company and then I received a collection notice for the remaining months on the original lease (four months).
I am hoping there is a way out of this as I did not voluntarily break the lease. I just chose the lesser of two evils.

Any advice would be greatly appreciated.

I thought maybe it was out of Statute but it's not - it's 5 years on contract debt (and you had a lease). A lease is a contract and you broke the terms.

What did your lease say? Unfortunately inability to pay is not a defense. In Florida the landlord does not have to try to mitigate damages by renting to someone else to "fill the vacancy." Do you know if they DID find someone and now they are trying to collect double rent?

ScottGem · May 5, 2008, 12:51 PM

Do you have the letter? If so, tell the collectors that you were evicted and did not break the lease. If anything, the landlords did an illegal eviction. If they try to pursue this, you will sue them for harassment.

While the landlords can send you a notice to vacate, they cannot threaten to lock you out. That is illegal. If you did not vacate, they would have had to go to court for an eviction notice. And you would have had a chance for a hearing.

Fr_Chuck · May 5, 2008, 12:56 PM

I do so hope you have that letter, you could sue them up and down the coast. That was in fact an illegal eviction, since they can not lock you out and take your belongings, that is illegal first to lock you out and theft of taking your goods.

So with that letter you have all the defense for moving out that you could ever need.

Now without proof of that letter, yes you owe all of the rent to the end of the lease, or until they rented that apartment out.

JudyKayTee · May 5, 2008, 01:11 PM

Originally Posted by Fr_Chuck

I do so hope you have that letter, you could sue them up and down the coast. That was in fact an illegal eviction, since they can not lock you out and take your belongings, that is illegal first to lock you out and theft of taking your goods.

So with that letter you have all the defense for moving out that you could ever need.

Now without proof of that letter, yes you owe all of the rent to the end of the lease, or untill they rented that apartment out.

Wonder if moving out after getting the 3 day notice - and the rest of this is the landlord blustering - the "lock up your stuff" part - and then moving out constitutes an eviction? I don't know - anyone know? It was sort of an offer to evict if the rent wasn't paid but I don't see it as an eviction.