I PAY LL THE RENT, HE LEASES FROM PROP OWNR. PROP OWNER IS EVICTING ME FOR POSSESSION. IS THIS ALLOWED?
I am very confused now. I rent an apartment located on top of a business. There are 4 other apartments. The man who collects the rent (the landlord) is LEASING this propery and business from the property owner. I initally gave the landlord a letter of intent to withhold rent until repairs are made. I did this according to florida law requirements. The apartment has a few fire code violations that need to be cured. The slumlord does not want to spend a dime on anything and simply told me "if you don’t like it just leave". I felt strongly that this behavior is not right so I stood my ground. Well, time went by and I was waiting for him to come to his senses and just fix the studio but instead I received a 3 day notice to pay or quit. I was tired of all the drama so I good faith I paid the full amount of rent requested on the notice plus I paid for august’s rent too. I thought everything was fine and dandy again. Wrong. 2 weeks later in the middle of August 2014 I came home to find a 15 day termination of tenancy notice on my door! The notice stated that if I stayed beyond August 31, 2014, that I would be considered a "hold-over" tenant and would be responsible for double rent. This notice (and the 3 day notice) had the PROPERTY OWNERS name listed as the landlord.
To make shit short, I just filed my answer today ( in Sept 2014). A few of the defenses I listed in my answer was: 1- ‘Improper party’, since the notices and summons list the prop owner as my landlord. 2- ‘Retalitory eviction': Since this eviction process started after I gave my letter of intent to withhold rent until repairs are made. 3- ‘Defective notice’ – Since the names listed on both notice incorrectly named the property owner as my landlord.
I should also mention that the eviction summon is for property possession only and does not list any money damages/demands.
Does anyone have REAL GOOD knowledge of the law in this area of eviction in Florida? Legal aid is a joke and I am running out of time (thanks to legal aid’s failed promises to help me). Do I have good defenses OR should I hurry up and leave, asking the court to "motion for dismissal" after moving out before the court enters a decision?
Edited on: Friday, September 19th, 2014 9:27 pm
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