Legal Question in Landlord & Tenant Law in Florida

eviction from an appartment
we just got thrown out of our appartment by phone because our landlord claims that he has not received payment for 6 months. i had been sending the check 3 of those six months on time, and they were being cashed and signed by the landlordsname. i know because our bank statement show the picture of the back of the check that shows the name and a certain number under it. before that i had receive a document saying that the landlord was getting sued by the mortage company, because he stoped paying his mortage since i think august of 07. so after that i got that letter i stoped paying the rent. i didnt pay for 3 months. by the 3rd month, i get contacted, after various tries from my part to talk to him, and comes and tell me to get out for not paying, first, a year of rent. then comes to change it to 3, then to 6. he claims that because the checks where not sent directly to him, then he did not receive it, but if it is made for him, with his name on them, then shouldnt it be only him the one allowed to cash it? is he allowed to evict me, even if i have proof that i had payed 3 of the six moths that he claims did not pay? the person also has a key to the apartment, and sent somebody to get in without telling me. can i change the locks?

Asked on 5/20/08, 9:35 pm

David Slater David P. Slater, Esq.

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Re: eviction from an appartment

A court order is required for eviction. He cannot throw you out.

Answered on 5/21/08, 6:41 am

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