Looking for legal direction

[Catscankim]

@TheGecko I like your timeline the way it is written. I might use that

 

[TheGecko]

Extremely helpful and thank you for everything . I really appreciate it.

everybody says 90 days. If i thought i had 90 days i might actually be good with that. But it seems like less from what i have been reading. So trust me, i am taking all advice to heart.

Did a little research for L/T Law in Florida:

Both landlords and tenants can terminate a month-to-month lease at any time, as long as they inform the other person in writing at least 15 days before the next rent payment is due. This timeline is much quicker than in other states, which generally require at least a month’s notice.

For the 15 days’ notice to count under Florida law, it must be a physical letter—either mailed or personally delivered to the other person. (Landlords can also leave a copy of the letter at the tenant’s residence if they’re not at home to accept it.)

Info on the Eviction process:

Your landlord must first give you, the tenant, a written notice before you can be evicted. The notice must be in writing, and must give you 3 days to pay the rent or leave (vacate). The 3-day time frame does not include weekends, holidays, or the day the notice is given. If you offer to pay the full rent within that time, your landlord must take it. The landlord does not have to accept the money if it is less than the total amount owed.

Landlords must give tenants a 7-day written notice before evicting them. This notice must list what the tenant has done wrong and must warn the tenant that they are being evicted. The tenant must then be allowed to fix, or “cure,” the problem at least once. Nothing else should happen if the tenant fixes the problem (by getting rid of the animal, no longer parking in the wrong spot, etc.).

I would be interested in what the 3-day Notice said and what the Eviction Notice said.

Anyhoo...you only have FIVE business days in which to respond to the Complaint.

 

[AliOop]

Sorry for not responding sooner. I was in church this morning and then out to lunch with friends. PMd you back now.

 

[Suzette]

Hoping somebody with some legal knowledge can point me in the right direction...

ok, recap of my past year. I was renting from my best friend, with plans to rent to own starting this past January. I have been at my house now for 2 1/2 years. Long story short, she died last October before the agreement was signed. I have a lease, just not the rent to own agreement. Thats kind of irrelevant right now.

Since she died, i have made my rent payments to her estate. This past September 24th, i got a text msg from the estates real estate agent...” hey kim. Its josh. We met a while back at the house. We just closed on it. So we now own the house and will be your contact from here on out.”

I didnt know the son sold the house, but thats irrelevant as well i guess. A couple of days after this text i got a 3 day notice to vacate. He never contacted me about any lease or rent or anything. Just that stupid text message. I checked the county appraisers office, and the house was still listed as being under Pams name. I get it...COVID and things are taking a while. But get this part...the 3 day notice was posted under a different name, not Josh. I have a Realtor friend who kept checking on property sales for me. She said to not even respond because its still under Pam.

So i guess it finally flipped over to the new owners name Phogh Enterprises LLC. When i search for them on google, it doesnt even say what their business is.

Friday night this week, I was at the poolhall for a tournament. This man walks up to me and asks if i am kim. “You’ve been served” He is a private investigator he says. Nice...I was all the way in the back who the heck showed him where i was lol.

This whole thing is fishy to me. I think i took my realtor friends bad advice by not contacting him. But he never sent me anything or asked to meet with him to discuss any arrangements or signing a lease with him. Just that one text msg telling me that he was my new contact. Nothing since. Then a 3-day from a totally different person.

Should i get a lawyer? I have to write a letter to the court, cc to their listed attorney to respond within 5 business days.

I don’t know anything about real estate law, but your story grabbed me. I feel terrible for you and hope you find a good resolution.

 

[Lin19687]

Fl law has 3 day evictions as stated before.
Just because it is not recorded at the town hall means nothing. Those can take months.
The county court of deeds would have this as it was likely just a deed name change due to an estate sale.
NO ONE needs to tell you the house is for sale or sold, period.

I would call this guy and ask if you can have 30 days to move.

 

[TheGecko]

Fl law has 3 day evictions as stated before.

It's 3-day notice, not 3-day eviction.

 

[Lin19687]

Yes you are correct, I went back and re-read, I guess I also didn't remember we are in oct too...

Ok, so this is not going to sound nice but you asked.....

You got a text SEPTEMBER 24th and didn't respond, to a person you had met previously.
Then you got a Notice to quit and Didn't respond to that.

Also let me understand, you did not pay October's rent to "Josh" ? If this is correct then it is correct as an Eviction for Nonpayment.

The court will not allow you to play innocent since the Original owner was a friend and you knew she died. New owner contacted you, text maybe allowed depending on any court precedents... with now a days it very well could be.
It's been almost a month and you still have not called or texted Josh.

Personally, I would be packing my all my stuff up and hope you can find an apt asap

Edit...As a former landlord of 50 units I can tell you that if you had contacted me I would have tried to work things out. But if someone does not make contact then it is court I go. Plus he now has to pay for the serving and court filings, plus he's out rent and use of the house. And now you will gave a court record attached to your name and credit ( depending on outcome).
Text him, ask to get 30 days to move and if you can pay the arrears and November rent today.

 

[AliOop]

You got a text SEPTEMBER 24th and didn't respond, to a person you had met previously.
Then you got a Notice to quit and Didn't respond to that.

Also let me understand, you did not pay October's rent to "Josh" ? If this is correct then it is correct as an Eviction for Nonpayment.

With all the scammers around today, I believe a court would be very understanding of her concerns about responding to a text, especially since she has a written lease that provides for how notice must be given. Unless the lease specifically provides that the LL can give the lessee notices via text message, then that was legally insufficient notice by law. It also doesn't sound like the text included any information about how or where to pay Josh.

There is also a federal moratorium on evictions right now, due to COVID-19. If a person fits the criteria, it's a simple matter of signing the declaration form, serving it on the LL or his attorney, and then filing it with the court. The court is then required to put the eviction on hold until December 31, assuming that the moratorium doesn't get extended.

That being said, I wholeheartedly am in the camp of "call them and try to work it out." Because eventually the day in court will come. Always best to try and mend fences early and avoid more trouble later.

 

[Treats Soapworks]

Hoping somebody with some legal knowledge can point me in the right direction...

ok, recap of my past year. I was renting from my best friend, with plans to rent to own starting this past January. I have been at my house now for 2 1/2 years. Long story short, she died last October before the agreement was signed. I have a lease, just not the rent to own agreement. Thats kind of irrelevant right now.

Since she died, i have made my rent payments to her estate. This past September 24th, i got a text msg from the estates real estate agent...” hey kim. Its josh. We met a while back at the house. We just closed on it. So we now own the house and will be your contact from here on out.”

I didnt know the son sold the house, but thats irrelevant as well i guess. A couple of days after this text i got a 3 day notice to vacate. He never contacted me about any lease or rent or anything. Just that stupid text message. I checked the county appraisers office, and the house was still listed as being under Pams name. I get it...COVID and things are taking a while. But get this part...the 3 day notice was posted under a different name, not Josh. I have a Realtor friend who kept checking on property sales for me. She said to not even respond because its still under Pam.

So i guess it finally flipped over to the new owners name Phogh Enterprises LLC. When i search for them on google, it doesnt even say what their business is.

Friday night this week, I was at the poolhall for a tournament. This man walks up to me and asks if i am kim. “You’ve been served” He is a private investigator he says. Nice...I was all the way in the back who the heck showed him where i was lol.

This whole thing is fishy to me. I think i took my realtor friends bad advice by not contacting him. But he never sent me anything or asked to meet with him to discuss any arrangements or signing a lease with him. Just that one text msg telling me that he was my new contact. Nothing since. Then a 3-day from a totally different person.

Should i get a lawyer? I have to write a letter to the court, cc to their listed attorney to respond within 5 business days.

Verbal contracts are binding if you can prove it in any way, such as your regular rent was 1000 and you were paying an extra 100 for the option to buy. Or someone can testify that was the agreement they heard the previous owner tell you you could buy the house. There must be consideration, usually money, but love and affection is considered legal consideration. The son had an obligation to tell you he was selliing the house which makes me think he knew of the promise to sell to you. Title transfer happens at the exact time of the closing when the docs are signed and escrow officer files paperwork with the county the home is in.

You should take as much evidence, calls, texts, emails, witness statements as you can muster and get a free consultation.

Or you can show up to court with your documents and ask for the hearing to be postponed as you have not had enough time to gather your documents and hire an attorney.

YOU MUST SHOW UP FOR THE HEARING or you forfeit everything, and will not be given a chance to respond and they will proceed with an eviction.

I have a California Realtors License, I have been in court many times over things like this. I am not an attorney, but promise you what I have said is true. My email is [email protected]. Feel free to contact me directly. You only have a limited time to respond. I would respond through the court so there is a record and you get SOME help. The attorney for the other party will NOT assist you, other than to get you out.

Verbal contracts are binding if you can prove it in any way, such as your regular rent was 1000 and you were paying an extra 100 for the option to buy. Or someone can testify that was the agreement they heard the previous owner tell you you could buy the house. There must be consideration, usually money, but love and affection is considered legal consideration. The son had an obligation to tell you he was selling the house which makes me think he knew of the promise to sell to you. Title transfer happens at the exact time of the closing when the docs are signed and escrow officer files paperwork with the county the home is in.

You should take as much evidence, calls, texts, emails, witness statements as you can muster and get a free consultation.

Or you can show up to court with your documents and ask for the hearing to be postponed as you have not had enough time to gather your documents and hire an attorney.

YOU MUST SHOW UP FOR THE HEARING or you forfeit everything, and will not be given a chance to respond and they will proceed with an eviction.

I have a California Realtors License, I have been in court many times over things like this. I am not an attorney, but promise you what I have said is true. My email is [email protected]. Feel free to contact me directly. You only have a limited time to respond. I would respond through the court so there is a record and you get SOME help. The attorney for the other party will NOT assist you, other than to get you out.

You can work it out and just move out or take a chance that you have enough evidence to prove you had an agreement. If you cant find any proof of your agreement, you may just want to see if you can get some extra time to move. Lin19687 is right though, you must be current on your rent, otherwise you dont have a leg to stand on. The rest either becomes another agreement between you and the new owner or an issue for the court to be determined by the Judge, and laws of where you reside.

Legal contracts have to have the following elements:

1. Mutual Consent of the parties, you make an offer, owner accepts
2. Consideration= ANYTHING of value, it can be money, work traded, or any other benefit conferred. Good Consideration= love and affection and meets the legal requirement.
3. Competent Parties= over 18, sound mind
4. Lawful Object= has to be legal, cant be something like a cocaine deal. House sale is legal.
5. Typically a real estate contract is in writing, an email will prove the intent. This will be your hardest issue. You will likely require an attorney for this.

I hope this helps, same thing happened to me, but I did not know this when it did.

 

[alpfabetti]

So, is there a follow-up post? It would be really interesting to find out how the whole thing ended. I always try to be careful with stories like this one because you never know what will happen to you, and it’s always better to have at least a public image of what you have to do.

 

[alpfabetti]

So, is there a follow-up post? It would be really interesting to find out how the whole thing ended. I always try to be careful with stories like this one because you never know what will happen to you, and it’s always better to have at least a public image of what you have to do.

I am not a professional at all, and in all the cases that start to smell bad, I just contact my lawyer from ucmjdefense.com and make sure they know all they want/need to know so they can help me in the best way. But I also ask them to explain things to me so I am not totally lost and can have at least some control over the situation.