What Should I do??

[Brooklyn Babe]

Posted by Sonya
Junior Member
Member # 359

I live in Ft. Myers Florida, and on May 9, 2002, my male friend got into some trouble with the law...because they thought I was his girl friend, the news-press mentioned my name, my picture, WHERE I LIVED, and that he lived with me. My friend lives in a dorm on campus at the University in my city. The News-press also mentioned that I had not been charged with ANY crime. The next day I had a 3 day no cure letter stating that I was being evicted because of illegal activity and having an unregistered resident, this was false information they saw in the news-paper; however the code for the reason of eviction was for nonpayment of rent...I paid my rent before a late fee would be needed early that week. I immediately took the note to the leasing office and explained that I had not committed a crime, nor was there anyone besides my children and I living in my apartment. (I was 8 months pregnant and husband had just left me a couple months before this happened). I was told by the landlord that he HEARD from someone that I had someone else living in my apartment. So, I invited him to view my apartment right that second. He said that I needed proof that there was no one in my home, What other proof could I give him? So, I called the Sheriffs department and asked that a police officer be sent to my home to inspect it. An entire month has gone by, and I never left my apartment. I was in the hospital after an emergency C-section during the time my rent was due for June. I had people in my apartment preparing my home for the new baby when a letter was slipped in the door. It was a 3 day pay rent or give possession. I immediately called the leasing office and told one of the ladies that I had surgery, and had not been discharged, but that I would pay it once discharged. She said that would be alright and that she would let the manager know. I made the payment within the 3 day period + any late charge fees. The next day, my payment was returned to me by certified mail. I called to ask why, but the manager was not in. She visited me on Monday to tell me that the reason it had been returned was that I did not pay it within the time requested, and that they were filing for an eviction with the courts because of illegal activity and unregistered resident. (At the top of the 3 day notice, it showed the date of 6-6-02...but it really was not delivered to me until 6-10-02..so I paid it on 6-13-02, 3 days after delivery. One of the people in the apartment, at the time of delivery, wrote at the top the date and time it was actually stuck in my door. Does the landlord have rights to evict me?

[Brooklyn Babe]

http://www.coj.net/pub/consumer/landlord.htm
* The landlord must serve you, the tenant, a written notice allowing three days (excluding weekends and legal holidays) for you to pay the rent or move. If you do not pay rent or move, the landlord may begin action to evict you.
* In order for the landlord to gain payment of the rent or possession of the dwelling, he must file suit in county court, and provide the court with a copy of the three day notice.
* If the court agrees with the landlord, it will notify you in writing. You then have five days (excluding weekends and legal holidays) to respond, also in writing, to the court.
* If you don't respond or a judgment is entered against you, the clerk of the county court will issue a "writ of possession" to the sheriff who will notify you that you will be evicted in 24 hours.

Not a lawyer...I don't know much about Florida Judges, but in NY to evict a tenant on illegal activity, the LL must have proof of illegal activity usually in the form of a police report, arrest record, results of a search warrant etc...If the actual incident happened in your apt. building, then they may have some standing.
See if you can get any proof (by going to Police Stn.) that you were not arrested or charged and that the incident did not take place on your premises.
In order to evict you the LL must file a pettition. The court will mail you a notice. When you receive the notice, go down to court and file your answer right away (as you only have 5 days).
In the meantime, ask your friend to provide you with mail, utility receipts, lease and whatever other proof he has to verify his actual address.
As for the returned rental payment, keep the envelope that it was returned in and show the judge that you offered up payment, but it was rejected. Bring in a copy of your hospital intake/discharge sheet to show your unavailabilty.
I would also start (asap) a civil suit (defamation of character etc.) against the newspaper that provided the false info. Bring a copy of your claim against them to court. This should help strengthen your position in court against your LL.
Keep a copies of your post on this site, as it explains everything that happened
I know your busy with the newborn (congrats), but go down to your local (Housing) Court and speak to a Pro Se Atty. there for further info. Maybe you can also call Legal Aid. Another good resource for legal info. and procedure is a legal provider network ("Prepaid Legal"). I think it cost about $30.00 a month, but you receive advice via telephone from a lawyer as soon as you sign up.

Organizations:
http://ca.cjis20.org/citizen.htm
http://www.floridalegal.org/
http://www.outlawslegal.com/
Info:
http://www.coj.net/pub/consumer/landlord.htm
http://www.800helpfla.com/landlord_text.html
http://www.buybeach.com/landlord_tenant_act.htm
http://apartments.about.com/library/legal/bl_florida.htm
Let us know how things are going...Best of Luck!