QUESTION
Do I have a reasonable defense? Is this winnable?
Asked on Jan 29th, 2024 on Landlord and Tenant Law - Florida
More details to this question:
I live in Florida. My oral lease was to end on December 2023. On December 2nd, I notified the landlord orally that I was not renewing the lease and moving out on December 29th. He said I could pay half of the rent before moving. On December 11th, his brother and mother (she co-owns the house) changed the locks of the residence, locking me out. It took several hours for the police to show up, for me to convince them that I lived there, and to be allowed back in. Then, on December 14th, she filed an eviction for non-payment of rent and wants the full amount. Her son that owns the home is nowhere in sight. I replied, and now we have a motion hearing to determine rent on February 12th. Due to her illegal, self-help eviction action, I don’t think I should have to pay her.
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
YOu need to hire a lawyer ASAP. You have some issues like violation of Fla. Stat. 83.67 where the LL may owe you for locking you out. As to the notion of paying 1/2 the rent while remining on the property the whole month, no one will belive that unless the person that told you that confesses to it or there is written confirmation for same. That said, the LL would have needed to have served a 3 day notice on you in December to properly allow an eviciton lawsuit.
Answered on Feb 05th, 2024 at 7:53 AM
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