Legal Question in Real Estate Law in Florida
possible eviction for to much noise
My son lives in an apartment in Florida. A few weeks ago, I rec. a call from the landlord saying that my son was warned about his playing his music too loud. I spoke with him that night and he said he understood. Sev.days later, the landlord called saying that there were more complaints and I was warned with eviction. I called him immed. & he denied the noise. He seemed very angry because he swears that at 4 am when the supposed noise was made, he says he was in bed sleeping and this was impossible. I believe it since he had to be up for a class at 7 am. He thinks someone maybe making these complaints to get back at him for something. Now a third complaint was issued and we are getting mad.
What can we do to prevent getting evicted. He has gone to all the surrounding neighbors and they signed a paper stating that they have not been bothered by noise from his apartment but the landlord will not accept it. Don�t they have to have actual proof or get caught making the noise? Can they legally evict him with out having the actual proof? He swears he is not making any noise and does not know what to do.
Please help!
1 Answer from Attorneys
Re: possible eviction for to much noise
In order for the landlord to evict your son, the landlord will need to provide your son with written notice, then file a lawsuit, then obtain a final judgment for possession, and a writ of possession, and then execute upon that writ, typically with the assistance of officers from the sheriff's office.
Before that happens, your son will have an opportunity to defend himself in court by, in part, presenting evidence, such as the document signed by all the neighbors confirming his position that he is not the perosn making loud noises at night. The court will look to the terms of the lease, will weigh the evidence presented (which includes testimony from the parties and witnesses) and will make its ruling.
If your son gets served with an eviction notice and then with a complaint, he may want to seek the advice of counsel, in person, rather than general guidance over the internet, to protect his rights. If you or your son required additional information, please feel free to call my office at 305-445-0937.
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