foxytowgrl
New Member
Hi,
I have a serious problem and need some advise on what I should/can do. It is a complicated story..
First, let me start by saying that we were not behind on rent...(paid weekly on thursdays)
I have/had been renting a house for 3+ years. On June 1st code enforcement called my landlord and told him that we can not park our commercial vehicle there any more, that he had to have a license to rent the home (officially)and (unofficially) to remove the illegal apartment and bring the home up to code within 10 days. He called us and we agreed to move the truck. On June 2nd code enforcement knocked on our door and gave us a warning about the truck. We moved the truck at 6 am on June 4th.
On June 7th the landlord came over to collect his rent but when we tried to pay him he gave us a 3 day notice stating that we owed $430. He refused our payment. We did not owe any rent and have all of our reciepts to show that. According to the paper the past due amount is $275 (the rent due that day which we tried to pay and late fees from 9 months previous at $20 per day for 12 days.
1) the math does not add up
2) we have never been late or asked to pay a late fee
3)we have reciepts to show we were not behind at all
4) the notice was given June 7th(text messages confirm), dated June 6th (friday)and called for us to pay or vacate by June 11th
5) the three day notice filed with the courts is completely different from the one given to us (same dates different amount.
6)Landlord filed papers with the court trying to say that we refused to comply with code enforcement from May. I have a statement from code
The landlord told us at that time that he had to get rid of at least one family due to the fact he had 2 families in a single family home, which is against code.
As soon as I recieved the court eviction papers I hired a lawyer to get the case dismissed. The law gives us 5 days to file a motion stating why we should not be evicted. The motion was filed on time ( June 24th and a copy was mailed to the landlord. We were then issued a hearing date for July 29th and we went on with our lives until July 8th.
On July 7th I recieved a notice in the mail of a default judgement and found out that my lawyer had filed the case in the wrong court (internet only filing is allowed in Broward county and is a new system)
A default judgement is entered when the defendants choose not to file a motion. Although we tried to get an emergancy hearing with the judge to dismiss the default we were unable to get a fast enough date and on July 8th a writ of possession was entered and on July 11th I had to vacate the home.
We have a court date to vacate the default and writ on July 22 and the hearing date to hear the motion still stands for the 29th.
My lawyer says that the landlord defrauded the court because he recieved the motion and court date (July 29) before he requested the default from the clerck....
We have a new rental lined up but can not move in until August 1.
I say that I am stuck paying $55 per day for a hotel, $500 for a storage unit and $200 for a Uhaul. If the motion was correctly filed and obayed I would have encoured none of these expenses...
Who is responsible for these expenses? What should I do?
I have a serious problem and need some advise on what I should/can do. It is a complicated story..
First, let me start by saying that we were not behind on rent...(paid weekly on thursdays)
I have/had been renting a house for 3+ years. On June 1st code enforcement called my landlord and told him that we can not park our commercial vehicle there any more, that he had to have a license to rent the home (officially)and (unofficially) to remove the illegal apartment and bring the home up to code within 10 days. He called us and we agreed to move the truck. On June 2nd code enforcement knocked on our door and gave us a warning about the truck. We moved the truck at 6 am on June 4th.
On June 7th the landlord came over to collect his rent but when we tried to pay him he gave us a 3 day notice stating that we owed $430. He refused our payment. We did not owe any rent and have all of our reciepts to show that. According to the paper the past due amount is $275 (the rent due that day which we tried to pay and late fees from 9 months previous at $20 per day for 12 days.
1) the math does not add up
2) we have never been late or asked to pay a late fee
3)we have reciepts to show we were not behind at all
4) the notice was given June 7th(text messages confirm), dated June 6th (friday)and called for us to pay or vacate by June 11th
5) the three day notice filed with the courts is completely different from the one given to us (same dates different amount.
6)Landlord filed papers with the court trying to say that we refused to comply with code enforcement from May. I have a statement from code
The landlord told us at that time that he had to get rid of at least one family due to the fact he had 2 families in a single family home, which is against code.
As soon as I recieved the court eviction papers I hired a lawyer to get the case dismissed. The law gives us 5 days to file a motion stating why we should not be evicted. The motion was filed on time ( June 24th and a copy was mailed to the landlord. We were then issued a hearing date for July 29th and we went on with our lives until July 8th.
On July 7th I recieved a notice in the mail of a default judgement and found out that my lawyer had filed the case in the wrong court (internet only filing is allowed in Broward county and is a new system)
A default judgement is entered when the defendants choose not to file a motion. Although we tried to get an emergancy hearing with the judge to dismiss the default we were unable to get a fast enough date and on July 8th a writ of possession was entered and on July 11th I had to vacate the home.
We have a court date to vacate the default and writ on July 22 and the hearing date to hear the motion still stands for the 29th.
My lawyer says that the landlord defrauded the court because he recieved the motion and court date (July 29) before he requested the default from the clerck....
We have a new rental lined up but can not move in until August 1.
I say that I am stuck paying $55 per day for a hotel, $500 for a storage unit and $200 for a Uhaul. If the motion was correctly filed and obayed I would have encoured none of these expenses...
Who is responsible for these expenses? What should I do?
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