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  1. #41
    Member sungal's Avatar
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    The thing that really annoys me is I was hearing, reading, that the eviction process is lengthy. But somehow for me it will just be 7 days!! And it's crazy that I don't even get an official notice. Something seems very unjust about a landlord being able to stroll into court, and have a judge stamp a paper that then goes to the sheriff.

    Why don't I get a chance to defend myself? According to the tenant rights document Tere posted, my defense would be that he accepted rent payment while knowing I was in violation, and therefore cannot evict me. Who am I supposed to share that with?

    It seems as if all the info I read and heard was inaccurate. Anyway tomorrow I'm looking at places with my original Realtor, so I'm hoping I can get a nice place in the sofi area that I can move into immediately.

  2. #42
    rk
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    Quote Originally Posted by sungal
    Why don't I get a chance to defend myself? According to the tenant rights document Tere posted, my defense would be that he accepted rent payment while knowing I was in violation, and therefore cannot evict me. Who am I supposed to share that with?
    You always have a chance to defend yourself. You can contest the eviction, you referred to this yourself when you said the police dept. mentioned something about contesting it. You have to do this within proper times and paperwork, but that should buy you time. The official notice you got should include information about how to respond/contest. The downsides are (a) the extra work/time involved (b) having to appear in court for a hearing, potentially (c) possibly owing court costs if you lose at the hearing. If you decide to retain a lawyer that should pretty much assure that the process will be delayed quite a bit, but at the additional expense of attorney fees.

    Having said this, I agree with most of the others that finding a new apt (or a temp home for the dog) may be the best solution in this case, but that is not your only option. Having a pet in an apt. where they are prohibited may be a small matter if you love the pet, but the landlord may not share that view.

    Just because you are evicted does not mean the landlord gets to keep the security deposit. You are still entitled to that, though he can deduct legal fees he has already paid, and any cleaning/repair etc. needed.

    Your strongest position is right now, not after you move. Your landlord is probably worried that you might contest the eviction, so if you plan to move out soon anyway, use that to your advantage. Imply that you are planning to contest, and say you will move if he gives you back the security deposit plus the Oct rent, and negotiate from there. If you don't have an attorney, maybe a friend can negotiate on your behalf.

    Courts love things in writing, so keep written and accurate notes/copies of everything. If you plan to contest, you have to do it within a certain time.

    Here's a relevant web page: http://www.cafelaw.com/renters.html

    (Disclaimer: I am not an expert in legal matters, or any other matter)

  3. #43
    Jim
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    No dogs allowed (except for Sungal)
    Leave in 7 days (except for Sungal)
    Follow standard rules, laws & guidelines (except for Sungal)

    Special thanks should go to all Sungal's "friends" who enable and wholeheartedly
    support her latest drama.

    Does that sum it up; or, am I missing something?

  4. #44
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    Lol Jim, No you hit the nail right on the head. More drama from the drama queen. :roll:

  5. #45
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    Hey you two. Play nice.

    Sungal may be funny to read, but have you seen how many hits her thread has? People LIKE reading her stuff. And yes, it's drama, but if others can learn about what is going on, what's the harm? We get tons of people 'lurking' on this site who read but don't write in and if learning about the eviction process can help others, then this is a good thread.

  6. #46
    Member Maria de los Angeles's Avatar
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    Regarding Tere's recommendation, Sungal pre-paid her rent before she even moved in, so technically, I don't know if Tere's line of defense would work in this particular case. In a month-to-month payment case, it probably would.

    The landlord took all the money ahead of time at which point Sungal had not violated the contract. I think a judge would be really pissed off if this was taken to court and consider it a waste of court time. The contract was simple: no dogs. And look at the letter he sent Sungal. I don't see how Sungal could possibly have a case here.

    Sungal, I know people say it takes months to evict someone, but that's only if you contest it, but see above. Also, I don't think it would be cool to have eviction proceedings in your records if you plan on renting a lot in the future. Is it seriously worth it? Bite the bullet and get the hell out of there.

    On the other hand, while the landlord is completely in his rights, I do think that with such little time left, he should give you a break already. A month goes by very quickly.

  7. #47
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    Jess, sorry to say this is the last place I would come for legal advice on anything. You want legal advice you go to an attorney, not some website. Every case is different, and ALOT of misinformation is being tossed around here. Some of the website's listed here have not been updated in a looong time and the information is not compiled by attorney's. Just look at the disclaimers at the bottom of them.

    Hit's, what does that mean? Couldn't care less about the number of hits anything get's. Is each hit a unique individual or just repeat customer's?

    And I was being nice, wouldn't want sunny to be in tears now wouldn we ;-) .

    Can't wait to hear sunny go out and actually get a job

  8. #48
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    I know Doug and I were both asking for advice recently about our own landlord dramas on 411 as we don't have means to ask a lawyer. Sometimes it's nice to get others opinions on what to do. :-S

  9. #49
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  10. #50
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    Quote Originally Posted by NYPDDAVE
    Legal Aid Society, every state has them.
    http://www.floridabar.org/tfb/TFBCon...7?OpenDocument
    Thank you Dave, that is a great link. I am off to read if I can get my money back from my landlord now!

  11. #51
    Jim
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    I wonder if anyone's told the landlord who he's dealing with.

    It's not everyday you run into a celebrity with the magnitude of.....
    "Sungal".

    I think the landlord will back off if he finds out who he's dealing with.

  12. #52
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    RE the tenant's rights link I posted -- I do agree with Maria that in this case, with an upfront pay-up, before the dog showed up, it's not the same as a landlord taking money knowing of the violation. In this case, when he took the money, there was no violation.

    This is really a sucky situation, but I'm not getting at this point that the landlord is doing anything illegal. He handed in a written notice, and sent that email days before the official notice.

  13. #53
    Jim
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    Quote Originally Posted by Tere
    RE the tenant's rights link I posted -- I do agree with Maria that in this case, with an upfront pay-up, before the dog showed up, it's not the same as a landlord taking money knowing of the violation. In this case, when he took the money, there was no violation.

    This is really a sucky situation, but I'm not getting at this point that the landlord is doing anything illegal. He handed in a written notice, and sent that email days before the official notice.
    what's the landlords ethninticity? maybe we can persecute him if he's a minority.

  14. #54
    Senior Member Rebecca Lucente's Avatar
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    Maybe my earlier offer was lost in the thread. I happen to own a home in Miami shores with a large fenced in yard and 4.5, 15, and 75 lb dogs of my own that are my everything. Ginger would be welcome to TEMPORARILY join the pack.

  15. #55
    Senior Member FredTheCatTravels's Avatar
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    I'm no legal expert but tennents rights are completely different in every state. I would not go by what happened in New Jersey or to your sister's neighbor's cousin, etc.

    Your easiest course of action is to board the dog and then try and get to the bottom of this.

  16. #56
    Member sungal's Avatar
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    Thanks Rebecca for the offer! We're fine. I was in a panic because I called the police dept. to ask about eviction when I got the "7 Day" letter from my landlord. The police officer told me yes, the sheriff would come knocking without warning. I found out she was incorrect and I would get a letter from the court and a chance to defend myself...the x is an attorney.

    Anyway, I found a place I liked and hopefully I get it! I am negotiating with the landlord to see what money I get back. As I look back, I realize I'm exactly the same. In college I addopted a stray kitty, my resident assistant found out, and the kitty came home with me at Christmas.

  17. #57
    Senior Member Doug's Avatar
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    So what's the place you're interested in like? Where is it? What kind of amenities does it have?

  18. #58
    Member sungal's Avatar
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    Hey Doug, I'm going to post my answer under my "apt hunting" thread.

  19. #59
    Senior Member Doug's Avatar
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    Okie doke

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