My tenant rights

[janadeluca]

I have been a tenant for 2 years in a friend's home. We have no lease. For the first year, I paid my rent consistently and on time. After being laid off from work, she asked me to run her company in exchange for free rent.....and when we set up our llc, we agreed that she would collect half the profits though she doesn't actually work the business and I built it from the ground up. Well, she has a lot of property debt and recently gave me a 30 day notice to move out which is for June 15. Knowing she needed the money from the sale, I agreed to move out. I am still homeless and am days away from moving. I asked her for 10 extra days to secure a place. We got into an email argument and she warned me to be out and she would start the process. She gave me a 3day quit or pay notice and since I obviously had no place to go...I stayed in the house. Last friday I was served and given 5 days to respond...which is this Friday. I have movers scheduled for the 13th and will be out by the 14th. The kicker here is now she wants 16,500 in back rent for the past year when she agreed to let me live here, rent free, while I built this company from the ground up. However, all we have are oral agreements...no written lease or no work contract. We are awaiting our first paycheck from the company that I have worked 7 days a week for the past year. My question is....should I let this go or should I definitely write my response to the court? I have no money to hire an attorney or move, but I am not asking to stay longer....that is not my character. I know she did this out of spite but I will do the right thing. I realize that I will not necessarily be thrown out by the Sheriff's Dept before I am actually already moved out....but I do want to challenge what she says I owe her. If this hadn't been our agreement, then why would she have allowed me to stay for a year....and not throw me out sooner if I really did owe her rent? I just don't know what to do. I have never had anything like this happen and am not wanting to be sued for the 16,500 plus the 4K she is requesting in late fees. Please help me. Thank you!

 

[Gail_in_Georgia]

Your buddy would need to present this case in Circuit Court in Florida since the amount she is claiming you owe is over $15,000:

http://www.flcourts.org/courts/circuit/cir_description.shtml

She has nothing to prove that you two had any agreement regarding such payments. A judge is going to ask her if you did owe rent why she let you go not paying anything for so long.

I think your friend is very much mistaken that, if she continues with this case, she will win her argument that you owe her this money as rent.

Gail

 

[mightymoose]

Did she actually file a case against you for the 16k, and you were served the papers? If so, yes, I would make a written response that clearly lays out how silly it all is, and appear at any hearing. If she has not actually filed with the court- ignore her. YOu will be out in a couple days and she can just wait.

It sounds like she is just trying to scare you out to keep you on her time line. The three and five day notices mean zilch. You will be out long before any eviction process really gets under way.

Don't get drawn into any more arguments, even by email. You never know what she might try and use against you. Just address the claims she has already made, if she has, and adamantly deny them.