Eviction / COVID Question / Help (1 Viewer)

They were served yesterday. Saw the process server affidavit today. After consulting with my attorney we also gave them notice that someone would be by tomorrow to photograph the home on behalf of the owner. They flat out said they won't allow access. Of course I've got all the paperwork from my attorney provided to the photographer/inspector, have spoke to the police to do a civil standby so our agent isn't threatened or harmed, have documentation (read receipts) that they received due notice, etc. But of course they think you can just keep an owner off their property no matter what.:rolleyes:

They still say that they won't allow anyone in the house, although Florida Statutes are pretty clear and case law here clearly states 12-hour notice is reasonable. Of course there is also the argument that no notice is needed since we fear they will damage the home and the documentation is for protection/preservation of the premises.

It's all laughable if it wasn't costing money and relationships...and sadly in this case the money is actually more valuable.

83.53 Landlord’s access to dwelling unit.—
(1) The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
(2) The landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. “Reasonable notice” for the purpose of repair is notice given at least 12 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the dwelling unit when necessary for the further purposes set forth in subsection (1) under any of the following circumstances:

I wonder if the house being in bad condition and them thinking they'll be on the hook to make the repairs is why they might have been stalling from the get go?
 
I wonder if the house being in bad condition and them thinking they'll be on the hook to make the repairs is why they might have been stalling from the get go?

I actually don't think so. We showed it just a matter of two months ago to the tenant who was to move in this month. I think they just don't want to leave and are now P'Oed.
 
I actually don't think so. We showed it just a matter of two months ago to the tenant who was to move in this month. I think they just don't want to leave and are now P'Oed.

Ah, that's crazy then. I've had a lot of different landlords over the years and really only ever had problems with one of them.

But, dealing with family often comes with it's own issues. I've seen brothers and father son businesses in my family get wrecked because one or the other wasn't honest about how the business money was spent.

It sucks and has long lasting effects for sure.
 
With the housing market in Okaloosa County, both rental and for sale, I completely understand trying to get a paying tenant into the home. We finally got under contract on a house after being outbid on 4-5 houses over the last couple months.
 
Who is paying the utilities? Electricity? Water? If is you, just stop paying. They’ll move real quick. Also, if you show you own the house, I think you have rights to go to those service providers and have them discontinue their respective services, even you are not the one paying. Not 100% sure. Check into it.
 
Who is paying the utilities? Electricity? Water? If is you, just stop paying. They’ll move real quick. Also, if you show you own the house, I think you have rights to go to those service providers and have them discontinue their respective services, even you are not the one paying. Not 100% sure. Check into it.

Not an option in Florida, even if I was the one paying (I'm not). Our laws prevent it.
 
My wife and I are going through the same thing. We have a piece of land with a mobile home on it. Wife's sister asked if we would rent it to one of her sons and his wife. Of course we said yes and since the land and mobile home was paid for we did not charge much for rent. Went real nice for the first few months then rent started being late then none at all.

Wife then would have to have talks with them and got the sad story and some money paid.
Then went months again with no payment. They then one day they just left and when I walked in it looked like every hoarder in the country lived there. Honestly there was maybe a trail of one foot to walk through.

Wife and her sister had heated arguments and finally they cleaned it out. Then the sister had the nerve to ask if her other son could move in. My wife with the kind heart said yes, but we worked out a deal that we would sell it to him. He put a down payment and wife told him that when he paid so much a month and finished paying it off she would transfer the title to him.

Went good for about 6 months and now he is behind months, Wife is telling him if he does not pay she is putting a for sale sign in the yard. Causing a lot of problems between wife and her sister.

So our new rule is to never try to do anything to try and help a relative.
 
Don't forget, the young generation also believes that land lords are evil. Shelter is a basic human right and land lords should not profit on it. I spend way too much time on Reddit.
I’ll bite
Why shouldn’t shelter be a basic human right?
 
I’ll bite
Why shouldn’t shelter be a basic human right?

Well, for that to work, there has to be some basic right to work or be provided income to pay for such shelter. Shelter isn't free. So, the means to have that basic right has to be provided before making it a right.

I'm not sure where community shelters for the homeless fits into all of that, but people do get kicked out for causing trouble sometimes.

Never thought about whether shelter is a basic right, but would be an interesting discussion. I do think if you default on your payments, there has to be some recourse to allow landlords to rent their property to someone else.
 
Well, the documentation/photography went well enough. The photographer showed up with the police and were let in and got the pictures. So until the end of April I doubt we hear anything else. Then we'll see what their next move is. Fight the eviction or not. Most people seem to be betting that they won't and will just leave sometime in the next 4 weeks -- the theory being if they won't pay for a house, they certainly won't pay for an attorney (which frankly would just be a waste of money and stall tactic only -- in an absolute best case scenario). But we'll see. There's always that 0.5% chance something goes haywire.
 
Well, for that to work, there has to be some basic right to work or be provided income to pay for such shelter. Shelter isn't free. So, the means to have that basic right has to be provided before making it a right.

I'm not sure where community shelters for the homeless fits into all of that, but people do get kicked out for causing trouble sometimes.

Never thought about whether shelter is a basic right, but would be an interesting discussion. I do think if you default on your payments, there has to be some recourse to allow landlords to rent their property to someone else.
give this a listen - it's actually more of a captialistic argument - that homelessness costs more than sheltering

 
I tend to believe shelter should be a human basic right despite this situation. A lot of good pilot studies have been done with homeless. I think it's obviously not on private citizens to do so though.
 
I believe everyone should have right to seek and pay for shelter and not be descrimiated or denied on the basis of creed, religion, disability or race
 

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