Legal Question in Landlord & Tenant Law in Florida

I have been renting a room for almost 19 months I've been late 3 times with the full amount, "owed 95, pd on the 4th, 120, pd 125 on the 3rd, and 295, for October this year. my landlord posted a 3 day notice on the 11th after excepting partial payment and I gave her a cashiers check on the 26th for the balance for Oct, all Nov, and Decembers rent which paid my rent up to Dec.31st 2016. The next day 27th I got served eviction papers. On the 29th Saturday morning she was banging on my bedroom door for over 20 mins I'm partially deaf so when I heard her opened it with a tank top and panties she had our male neighbor with her as a witness for something she wanted me to sign and attempted to give me the check back. I shut the door to get dressed and in less than 3 mins she started banging on it again. I refused to take the check or sign any paper. I informed her what she was trying to do was not legal and she stormed out. She lives across the street and I live with her husband's daughter that she failed to inform me was a belligerent alcoholic with a mental disorder. I've made the best of the situation and have learned how to deal with her, and I really don't won't to move. I was a victim of domestic abuse and suffer from the affects of what had happened and for the 1st I feel safe here. The only reason I was short this month is because I hurt my neck and back pressure washing the mold off the house which my landlord was so thankful for everything I do to help her and save her money but after trying to work the pain out I broke down and had to see a chiropractor that ended costing me 302.00. I do ALL the yard work and maintenance to help them save money, but have asked for the lock on my sliding glass door that goes to the backyard to be fix and screens be put on both sliding doors. She tells me its o.k if I do it but nothing about taking off my rent? I've fixed both toilets multiple times when they wouldn't flush properly "on my dime" run errands for her "one my gas and time" nothing. My roommate "owners" daughter doesn't want to loose her maid and wants me to stay, but doesn't want to get involved either. What are my chances of winning in court and at least be given to the 1st of the year to relocate? She still has the cashiers check that would has me paid in full until December 31st , it was suppose to be given to the court but I didn't know she was planning on evicting me and I was served after I had already given it to her. Do I have any chance of staying?


Asked on 10/31/16, 7:10 am

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

unless she has served you actual eviction papers (ie. a Summons and complaint) then there is nothing you need to do until she does. In the meantime, if she does serve you actual papers, your summons will give you the instructions on how to remain in the unit by answering the summons and complaint.

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Answered on 10/31/16, 11:59 am


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