Re: Florida Eviction Issue - Landlord Forum thread 348907

Re: Florida Eviction Issue by MrDan on October 23, 2016 @22:57

Well, you do have some issues;

1. That the ticket and boot were retaliation for notice to terminate lease. Many landlords loose this issue in court because they fail to have the proper wording in their lease and the property correctly posted according to State and local law.

"When a person improperly causes a vehicle or vessel to be removed, such person shall be liable to the owner or lessee of the vehicle or vessel for the cost of removal, transportation, and storage; any damages resulting from the removal, transportation, or storage of the vehicle or vessel; attorney’s fees; and court costs" (715.07 Vehicles or vessels parked on private property; towing)

The landlord is often unable to prove that the vehicle was parked in an unauthorized manner. Pictures must be taken to convince the judge that the vehicle was in an unauthorized spot or was otherwise not in compliance with the rules governing vehicles. So this might not be retaliation, but you could be costly.

2. That the credit of $65 toward Oct rent is technically acceptance of a partial payment. Under Florida law, a landlord can accept partial rent;

§83.56(5)(a) Waiver: The landlord may now accept partial rent after posting 3 day notice if : 1) the landlord provides a dated receipt stating the balance due before filing an eviction, and(2) puts the partial payment into the court registry upon filing the eviction.

3. That the notice is defective because it should not include more than just past due rent which is $1472 - $65 credit= $1407. Correct, only rent or charges defined by the lease as additional rent can be listed on the notice. Just serve a new notice with the correct rent amount.

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