Can my Landlord legally evict me?

winningsoul

New Member
Jurisdiction
Florida
Hello,

I have been renting a home from my landlord since 2011. I paid an $800. deposit and $800 months rent. At first my Landlord was attentive to fixing and making repairs on time, however after the first two years my Landlord began to slack off. I let my Landlord know that a hairline crack had begun on the ceiling at the end of 2014. He never came to fix it. I called a couple times to let them know that the ceiling was falling and they never fixed it. Finally last month it fell, ruining my couch, furniture, and creating a health hazard. I now have to throw out my very expensive couch, for which the landlord is responsible for ruining. We have been living without a contract. The Landlord does not own the property. I do not know if he has permission to rent it. I let my Landlord know that per our agreement, when I leased the property, I would be living out my deposit in February, as I thought it would give me enough time to pack and find a place. Since I was unprepared for the move, I was not able to accomplish my goal. The condition of the house is difficult to live in. After I let my landlord know that I was moving out because of the ceiling, he said he would come to fix it. He never did. Apart from this the hot water is not working properly; when it is on it floods the kitchen and dining room. I believe a pipe under the house must have burst or cracked. Outside there is a deck, the owner should have had removed; the slats are loose and it is a constant cause of injury. Most of the outlets don't work. The a/c gave out last month at the same time that ceiling fell. There is mold in the house and the entertainment room gets humid, water comes into the room every time there is a heavy rain. I am trying to move out of a crumbling house. Unfortunately I was not able to move as quickly as I need to. I asked my Landlord for an extension without having to pay rent, as the house does not merit any in its present condition. My Landlord replied that I had sent out a letter that I would move out on March 1st. They just served a notice of eviction. The ludicrous part is they are now claiming that they wanted to do the repairs, but they claim I told them I did not want them. The only repair I asked them not to make was the repair of the hot water. The boxes that are everywhere in my house can get wet and my property ruined (I cleaned up the first mess and shut off the hot water valve). Of all the repairs they need to make, they informed me they would repair the water pipe tomorrow, whether I am here or not. I believe they are trying to cause friction in an effort to have something to say against me. I will not deny them entry into the house. I have never had trouble with a Landlord before. This is the first time. At this point, I don't know what to do. I will fight them in court if I have to, but don't know how. Thank you for your time.
 
Last edited:
The answer to your question is yes, the landlord can legally evict you under the circumstances you describe.

Your last day is today, March 1. After today you will be a holdover tenant and the eviction will proceed through the courts. The court will award the landlord a writ of possession which will require the sheriff to physically remove you from the premises and remove your belongings.

How much time you have until that happens depends on a few things.

If you were only served a 3 day or 7 day notice of termination, the next step is for the landlord to file the eviction in court and have you served with a summons and complaint.

From the time you get served a summons and complaint you have 5 days to file an answer in which you can air all your grievances and defenses.

If you file your answer the court will schedule a hearing which could be within a week.

If the landlord gets his writ of possession the sheriff will serve it and give you 24 hours to get out.

At best you have maybe 3 weeks until you are put out. At worst, maybe two or less.

I don't know if you can file a counterclaim for the couch and other damage or whether you have to file a separate lawsuit for that. Try a counterclaim as part of your answer. The worst that can happen is the court dismisses it and you get to file it separately.

If you can prove you gave notice to the landlord about the ceiling then his ignoring it is negligence and he owes you for the used value of the couch and anything else that got damaged.
 
I see, can I sue my Landlord for negligence to the property? He did not do what he was supposed to even though I did pay what I had to. Also if there is no contract and they don't have written proof that they were able to rent out the property, can they evict me? I just need 30 days to get everything together. I don't plan on staying, if I would I would have kept on paying rent. Thank you.
 
Last edited:
Back
Top