Legal Question in Landlord & Tenant Law in Florida

On March 1st of this year, I entered a 12 month lease for a single family home that has three owners. On my lease there were only 2 of the owners listed. In May of this year, the owner who was not listed on the lease showed up and rental out of the blue and walked right into the house. No knocking, no nothing. Just walked and asked "who the hell are you". I didn't know who he was or what I had done. After showing him the lease and asking him to leave, I called the police and made a report over the phone and then contacted one of the ladies who I had signed the lease with. Everything was righted, they called him, offered the 1/3 of the rent he is entitled to and I heard nothing else. Then..on the 18th of this month (August). This man shows up again with a 3 day eviction notice. Threatening to throw me and my children into the street. I hear nothing else after contacting the ladies on the lease. Today...the 20th of August I receive a letter in the mail from an attorney. Stating that he was going file a civil lawsuit in Circuit Court and that I was breaking the law. That I had 30 days to remove myself from the residence and that he was going to sue me for monetary compensation. I was in violation of Florida Statutes but didn't list which ones. That its fraud and will refer this case to the State Attorney's Office for appropriate charges

This man is only 33% owner of the home. He has known since March 1st, 2011 that the house rented. Is this even legal? I have a signed lease. I have never missed a payment on rent. I have all the proper papers showing how much I have paid...when I have paid it etc. I don't know what to do in this situation. I am stressed out. I can't sleep. This man has a habit of popping up unannounced and harassing me. I am scared I am going to come home and all my stuff is going to be out on the curb. Is there anything I can do to protect myself? Do I have a case for harassment or to get my money back? Can I file a protection order?


Asked on 8/20/11, 9:58 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

I suggest you show up for court. Answer the summons with the 3 day eviction notice. Deposit your rent in the court's registry. Once you appear before the Judge you can explain what is going on. The fact that the situation was righted and he received l/3 of the rent states that he accepted the rental agreement. It can be verbal. You can sue the ladies who rented you the house if you end up having to move or any damage occurs to your belongings. Obviously this attorney does not do landlord tenant law - otherwise he could have listed the statutes that you are in violation of. I would like to know that myself.

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Answered on 8/20/11, 10:33 am


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