Legal Question in Landlord & Tenant Law in Florida
What evidence should i use to prove false accusationns in an eviction case for non complaince if i didnt recieve a notice to cur letter that they say they sent to me
3 Answers from Attorneys
More information is needed. What is the term of the lease, for example? Did you receive a 5 day notice to answer an eviction ("tenant removal") action? That will make a difference, as well. And, consideration will need to be given to whether the action filed (or the action that will be filed) is an eviction action, an action for unlawful detainer, an ejectment action, or an action to quiet title.
Evictions (residential particularly) proceed on a very fast track in Florida. Carefully read everything you are sent or otherwise receive and respond as necessary. Untimely response(s) can result in a default judgment of eviction against you. Also, and in general in a residential eviction, you will need to give the Court clerk the rent due for the clerk to hold pending a final outcome. The clerk might also any questions you have about the proper procedure.
Also in Florida, mail is presumed to be received if posted. So it's a he/he or she/she or a she/he action.
If there is a dispute over receipt the judge may go around that problem by giving a tenant a longer period in which to raise substantive defenses and/or a longer time to vacate [if the judge rules in favor of the landlord].
Your lease agreement controls as to the relationship of the parties. Does it require a notice to cure letter? If so, one may not be necessary. Notice of eviction may be all that is required. Seek some legal assistance. There are not enough facts in your scenario.
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I am being fasely accused of non compliance of my lease for loitering Asked 8/09/13, 12:21 pm in United States Florida Landlord & Tenants