How to Answer Your Eviction for Non Payment of Rent
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- เผยแพร่เมื่อ 18 ก.พ. 2013
- Produced with support from Chartwell Law Offices, LLP.
This video will go over how an eviction process starts and what is required to answer the eviction in Miami-Dade County, FL.
Seems ironic that it costs money to try and avoid eviction when having not enough money is the reason your being evicted - tenants in UK have a lot more rights i think
The only reason you were selected for the apartment is that you have money to pay for it.
What rights? To occupy someone else's hard earned property by your lazy fkin ass.
Unforgetful Memories ...
reesie2222 do you people only believe that if you weren’t able to pay rent is because you’re lazy? I was in an accident and my wife recently gave birth to my daughter, and I was the only income, and was unable to work for a whole month, no way of knowing how to deal with the situation.
Frank J Ledesma communication is key. At least for me and my properties. I might be in the middle of an eviction. Just sent out a 3 day pay or quit notice today. (1/13/20).
Thank you so much for the video and self help on your website. I live in central Florida. My landlord never gave me a 3 day notice. My rent is due on the 19th of the month. I paid more than 2/3 of November rent but still owed $250. On the eviction he filed, he claimed he gave me a 3 day notice on 12/11/22 stating I owed $1150 ($50 for late fee). 1) he never gave me the 3 day notice, 12/11 was a Sunday, in the 3 yrs I’ve rented from him, I never saw him on a Sunday. 2) I wouldn’t owe $1150 until 12/19/22. On 12/11 I owed $250 in late rent and $50 late fee = $300. What he filed states $1150. My stepfather was going to give me the money to pay the rent up to date until he found out the rental unit didn’t have heat. This is Florida and we typically don’t need heat until Christmas weekend this year. Low was 30 and the High for Christmas Eve and Christmas Day was in the 40’s. I only had a heater I purchased 2 yrs ago to keep me warm. Shortly after moving in, I asked about fixing the central air (neighbor claims it worked for the tenant before me but that rats were living in the ducts 😮), landlord stated it was broken and he’d give me window units. For a 3/1 he gave me 1 window unit. I called and asked for more and what about heat? He stated he’d talk to the corporation but they only give 1 unit per rental. So I bought a small heater and the next spring I bought a window ac for the living room. Was also unable to use the tub because his maintenance guy used tape 6:57 to patch a slit in the bottom of the fiberglass tub, he then painted over it to hide it. After 2 weeks of using the shower, the paint started coming up. I asked maintenance guy 3 times about fixing it. It never was fixed. I’ve moved out but I want the case dismiss and hopefully the judge will because the landlord lied on about the 3 day notice plus it’s a defective 3 day notice.
You are shameful！
If it goes to court, you'll each have to prove your claim. LL will have to prove you didn't pay, and what that bill adds up to. You will have to prove(not just speak) the full payments you made, or prove defects you repeatedly asked to be fixed. Be careful, just verbally complaining about defects without proof just makes tenant look like a deadbeat grasping at straws. Don't put yourself in that position if you have legitimate claims.
And, of course, as the clip said, you should be putting rent money in full, on time in a trust each month if you have legitimate claims for defects. That shows you are a tenant acting in good faith, but have defect claims. Otherwise, if it gets to court, not much weight is given to your claims of defects.
The music in this video 😂😂 it belongs in a movie revolving around jungle meets Miami type of plot.... Good video though!! 💃
In my state i can withhold rent bc of failure to fix living conditions...but she's saying I'll have to pay them rent into the court anyway??? Anyone..did I misunderstand??
Two options for any reasonable person, either pay your rent or move out.
My landlord attached a late fee to my three day notice…but when I received eviction papers it had just the three day notice stapled to the eviction papers without the late fee they originally attached….is this supposed to be a thing?
Amazing video ❤ getting an apartment is so stressful lol especially when getting w2, paystubs and bank statements I had to pay an online vendor for help
What if there is no lease and no notice to quit? There is also no issue with non payment. The landlord is unstable and doesn’t like me. She texted me the notice to quit. Is that even legal? I’m in Colorado.
I'm less than a year in HUD section 8 and have a trouble making neighbor whose in violations. Has told many lies on me (loud music) which never happen, my apartment was enter by key and many personal items were stolen. When I file written complaints and call police, I was told by telephone region manager to pack and get out. Regional manager refuse to hear anything I had to say. He also stated another lease agreement will not be offer me. I have not been served an eviction notice. I haven't move out yet because I've done no wrong. I was never given an opportunity to defend myself of false allegations. I've been harassed every since I moved in the property by site manager and maintenance. They've told sever lies on me and someone was given a key for entrance. What's my rights? I got pictures of neighbors cooking on grill that tenants aren't suppose to have. What do I do???
May I ask if you offer advice on legal matters related to Landlords and tenant agreements? This may be a wrong place to ask, but my daughter is a student at Old Dominion University and signed a lease for which I've never seen like it before. The owners owns majority of the properties around the University so i suspect that he has ties with the local leadership, major, lawyers, and judges. We cant fight them all. The case is about eviction of her from the home.
Covid sent a lot of the students home beginning Feb 2020. The home she rents had 6 tenants all paying 450 ea. 3 were evicted and the other 3 had to assume there rent equally. She and the others only made enough to pay for each of them. However they tried but could not keep up with those payments.
My daughter asked today Quit the lease by informing them 30 days in advance of her issue. The land lord stated they would help her find a replacement and really failed to do so. So when the three could not make up the difference they were notified to pay with the late fee. They could not pay, and then 14 days later was told to come to an eviction hearing and be prepared to pay court costs. These you girls are Black and 21 yrs of age and I fear there Credit will be damages due to this eviction. We read HB 5064, but it offers the Landlord benefits vs the tenant in Norfolk Virginia.
What if pay my bills the next day I receive the letter to summons in court.
Do I still have to go to court if I pay my bill?
What if there is no lease but the tenant has been paying rent for years?
Can a tenant be evicted for a 24 notice to pay partial rent if paid late?
Very Informative, Ty
.what step mother want more money and already pay my rent and received not lease involved at all.
Are you able to answer questions for California?
my rent is 720 for apartment it rains from my living room ceiling when it rains outside I live on the 2ns floor an apartment is above and below mine a person from down town has been here twice this has been 3 years I've lived on the property for 28 years can't afford to move with my current rent cost I want to move and get rent refunded for this situation length.
what happen? I got an eviction notice nd I have rental ass. they stopped paying because repairs were not done. they are even coming out again this month. trying to get prepared
A lot depends on what state you live in but most states have a statue called “failure to apply services” and the renter has the right to withhold rent until a service (in your case a major repair) is fixed. Hope that helps seems to me most states have a statue for this. Look up the number and included in your notice to them that you will not be withholding rent until it is fixed. Good luck
I pay my rent on the 1st and I get a three day notice every month what can I do about that
Ask landlord why that is procedure. Sounds like landlord has issues with a past tenant or doesn't fully understand the reason to present a notice vs invoice. If your rent was actually late would a new notice be presented with late fees?
Check your lease. When is it actually due? Consider paying on the 31st if it annoys you.
Kind of a weird problem? Or just a weird landlord. I had a landlord that knocked $50 off rent paid prior to the 1st. Maybe offer advice that an incentive is better than improper notice of default when no non-payment has occurred.
Are these laws only for Florida?
What if you own the home your living in but not the property but your being evicted anyways do to being behind on the property rent
Michael Long... you sound like you have a bank mortgage and is behind on several payments. Usually, you have 90 to 120 days before it's foreclosed upon or you can play caught up.
Once you lose equitable interest Then, it becomes auction off. The bank has a right to collect on it debt.
You can stop your foreclosure all the way up to trustee sale date if you have the cash after that it's pretty challenging... , interest, mortgage, attorney fees...etc are all dued. Good luck with that...
What if my rent was lost in the mail?
It just happened to me. I was in process of job changing and obviously couldn't pay. It sucks ! I asked my slumlord to give me some 2 week break so I could get my two pays to pay my past due but she was firm to evict me.
You can always cure the default by paying what you owe. The eviction process takes longer than two weeks, so you had the opportunity to pay up to stop eviction. We don't believe you're telling the whole story.
You suppose to have savings for emergencies losing your job is an emergency
We needed two more days to get money to move. The notice we got said "week of Dec 10." Did not specify when they'd kick us out. They didn't even call us. They just showed up while we were at a job. We had to leave and head over back to the house, preventing us from working. All our stuff is just sitting there. I spent 1/3rd of my life there. Oh well. This was today btw.
Maximus K I’m sorry that happened!!
A lot of ppl where I live are homeless yet are off their asses working jobs you dumb fuck.
Where does your cheap ass even live?
Obviously not a city and deff not CO you judgmental prick.
Its happened to me. My ex was mentally ill and abusive, i had to run away from the property. They recently lost their job and it got worse. I came back (because im dumb) but that point the eviction process already started. I didn't know how to fix it nor could i afford it. So, now i have that on my record.
or you made him go crazy.
@@nunya973 sure did.
@@NancyNegative0808 Not good. It will continue like that if not corrected. You have to work on your inner self.
@@nunya973 I was actually being sarcastic. Im not responsible for my ex or my partner's mental health. I tried my hardest to get them help but after a while you have to take care of you. But thanks?
@@NancyNegative0808 why did you chose him? It doesn't make sense.
What if the eviction is because the landlord sold the house and the new landlord just don’t want you in a he property??
Alfonso F Palma
Most places the new landlord has to honor the lease. But dont expect a renewal. Once its up, expect to move out.
I have been approved for a place but the tenant didn't respond. they filed the eviction friday. it is monday. I have two weeks and two days to be out of where I am now. I wonder how long this will take?
popeye sailor I wish nothing but worst for you and your family. I evil!
If asbestos is found can I cancel the rental agreement with my tenants in order to remove it?
MGTOW Bro I’m not sure if it would be legal but it would be definitely healthier. Removing the asbestos will have particles in the air for a long time.
MGTOW Bro
You need to ask a lawyer on that one....
Rent will be a thing in our past
Onosai Leota Beat it!!!!
It’s still here. When will it become a thing of the past?
My landlord gave myself and 7 other tenants fake 3 day notices, broward county sheriffs took them as evidence it was even signed by the landlord it was copy and pasted via computer and someone else also signed it, as well as the clerk or courts never sent it the landlord mailed it
How long does it take for rental history to remove off of your credit
7 years
7 years.
Be difficult to find good housing with an eviction on ur credit report.
Best thing to do is pay it and get a receipt just in case it's still showing on your credit
New 2020 credit laws will allow removal of derogatory accounts in 4 years, instead of 7 years. BUT, I found that evictions typically show as a "Judgement" and can be part of a permanent credit record. (Different than a credit report as it includes public records activity) Not sure exactly who, what, where or why or how to get an apt debt removed. TX has law for expunging an eviction waiting for approval. Unclear if it would require the debt be paid but assume so.
What if the landlord said he wanted 2000 and when we went to court the judge said we owed 450?
Joshua Wilson I’m not he law,,, in your county!!!
As a 'Mom & Pop Landlord', there is no worse nightmare than a nonpaying tenant and especially one who both does not pay but wrecks your property while they are having a great time in your unit. These eviction moratoriums are for the birds because there are no mortage, utility, medical bill, car loan, grocery store trip, or gas station at the pump payment moratoriums.
Karma for you creatures gouging your poor tenants by charging them 2023 prices for your crappy, 1980 dwellings.
I don't think a landlords should have to evict for none payment of rent. I think landlords should just say move and they have to move
@@johnniebeavers4003I’d love that. If you agreed to the rent but then stop paying, you violated. The landlord still kept up their end by making sure the building was paid up as well as the utilities
@@karma4greedyslumlords490then feel free to move out to somewhere else or don’t move in if you don’t like price. It’s not mandatory you stay where you don’t like the payment.
our landlord refused rent payment after we asked them to fix sewage leak that runs from under house to driveway,also strong sewage smell inside house. now trying to evict.
mr rebel Did you get a 3 Day Notice? If not here's what I'd do if I were you guys. Let him take you to court for the eviction, the judge will have to rule in your favor. Most likely, The landlord would be required to pay your Court costs as well (so like lawyers fees). Also do you live in Florida? www.sterlingeducation.com/the-sterling-blog/bid/86813/Invalid-3-Day-Notices-Prove-Costly-for-Florida-Landlords
Landlord retaliation is illegal
Green vs superior court
The word " must " does not appear to apply to tenants.
I was evicted by my apartment in Texas for being arrested after a self defense shooting incident. I was given a 3 day notice, options to pay, and an immediate eviction after 3 days. Here’s the kicker…… I was in county jail for 60 days and didn’t even have a clue that a motion to evict was even placed on my door. Now they want $8,000 because there were 6 months left in my lease. But I was never even given a chance to respond to eviction letter, oohhh and the local PD told me I would be arrested on the spot if I ever came back near the property. How was that even fair when I was only given 3 days to respond but came out of jail 57 days late ? I had been living there for two years and always paid first of the month.
Should I just leave?
why is this music playing while the eviction process is being described- it's super distracting. like who wants to chill out while learning about this.
Naasiha Siddiqui EXACTLY
Yeah but I can't relax because I'm nervous because I might be evicted tommorow
Lol heck nah
@@robin-tb2lj Pay your rent!
It helps because I’m stressing
can you pay eviction in court
If by "pay eviction" you mean paying the past due rent, the answer is Yes. Whether it's rent or a mortgage or credit card or any other kind of debt, you can in nearly any case stop the process at any point by paying in full what you owe.
my property is red tagged an I have no where to go for a week
can they make me leave or do they have to evict me too
Pay your fucking rent
mere tenant ne Me ri shop ko rent par dekar rent khud leta hae
What if you pay before you get served but after the three days notice
You may want to check your state's laws about this but more than likely you would get to stay since you would have redeemed your tenancy and the case has to be dismissed. I know in Virginia, a tenant can redeem their tenancy only once within a 12-month period of living in the same rental unit if he or she pays all rent due plus late fees and additional court costs (such as attorney's fees) up until two days before a sheriff comes to execute the judgment of possession. The tenant does not need to notify the landlord of his or her right to redeem the tenancy.
This is exactly why I have cameras on the property
What do you mean?
I was searching for today's Bigg boss Eviction and this came up ..🤔
You answer by packing your bags and getting the hell out. Landlords are the real victims here.
Less be honest. She just explained that you have no rights. And that's because the judge is probably your landlord. So for that reason don't rent .
A tenant has the right to stay in a place they aren't paying to live in? How does that work?
From “her” home. Weird
You mean the landlord can't write your lease on a napkin from McDonald's
My daughter lives in a housing development missed her court date for eviction because her oldest son committed a crime on the property. The court date was to evict her but the landlord had already verbally stated that as long as her son, who is now 17, did not come to her house, she would not be evicted. She has 4 other minor children, no job & nowhere to go, especially with 4 kids!! What can she do to remain in her subsidized housing? I'm on a fixed income & can't help her but please tell me how or what to do!!!
Rosita Brown call a lawyer
Stop being bums
Tell her to actually control her children so they don’t end up in prison . Have her get a job like everybody else and stop having babies she can’t afford to take care of
Rosita Brown, if she had a really good reason to miss the court date, she should have called the court and say why she couldn't be there and ask for a continuance. If she had inadequate reason to miss the hearing, then she should not expect any sympathy from anyone.
Rosita Brown
Not much you can do, most lease agreements have a clause that a felony is grounds for eviction.
kiraedar ne Me ri shop ko kisi aor ko rent per Dedi
Useful for tenants it’s can take months and months in in Washington State for eviction
Teaching Hispanics to live free of rent. Wonderful video.
Ambulance chasing is big business
e2sguy I am parasite!!!
If the eviction is dismissed just file a new one the tenants has to move out no matter what if they don’t pay they have to go and after the eviction suit tenants for damages and lost rent income then attach their paycheck or bank account or incontax return and they will ruin their Records and credits it be better just to pay or move out no matter where you go you have to pay rent, nothing is for free in life nothing landlord and tenants can have a dispute but tenants still have to pay rents.
Have you ever done that. I would love to do that but I don't know if it is possible.
...."her" home?
Shhhhh. A clored woman is talking 😂
she is giving HALF TRUTHS' on not paying rent. I wonder if she would give this advice if SHE WAS THE LEASER.
What is money? Eat it then
Exactly 🙄
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Not too sexist is she? Do men not get evicted? The backlash is going to be brutal ladies it'll last for decades.
😁😂
If you dont like the conditions of the unit ,MOVE . If you dont have the money for rent , MOVE . If you owe rent you are STEALING .
Sounds like the landlord is screwed. Tenant is still in the apartment. Seems like Florida favors tenants. If the tenant does not vacate after non payment of rent, seems like there is no recourse to rid the tenant as he destroys your apartment.
DELIVERANCE NO its worse on tenants
They send out those 3 day notices on the 7th where I rent . If I'm hurt at work or car accident then I'm fd. I better get better quick or I'm out . That's no way to live.
DELIVERANCE
Yeah, ur tenent get a free or deeply discounted legal aid lawyer, landord pays full market rate. Judge give them extra 15 days free. Meanwhile the landlords mortgage and tax still cones due. Many states only law enforcement can remove the tenent, that can take weeks. Your tenent is rent free for several months.
Part one evict tenants part two get judgment for damages that would include back rent , attorney fees, and the time it took you to re rent the place, then attach their paycheck or bank account , tenants will ruin their record and credit judgment is good for 20 years so sooner or later you will get your money back the marshal gets paid for the collection a percentage but the tenants pay for that, make sure you get their real social security number for the purpose of collections for later on their incontax return have their social security # also to confirm that the one they giving you is real ask for 2 months security deposit to help you while you evicting them they looking for free place to live for couple of months they will bankrupt you if you don’t select your tenants properly.also they will destroy your place you would spend a lot of money for repair please verify how long they have been living in current rental resident and if they keep their job you want an stable tenants not the one who jumps around a lot.
You should have emergency fund for emergency as for rent payment, car repair or other type of emergencies you can’t live with only paycheck to paycheck.
Best answer: Pay the rent
There is no defense for not paying rent. If you signed a lease you agreed to the rent and condition of the property
Go sit down
Shut your non paying ass up!
@@karma4greedyslumlords490 stop telling me what you do in your free time🤣 not interested in that. Landlord? Bitch please you still making payments in that Walmart tent you live in.
I evict people !!!!!!!
If you can’t pay the rent, move out.
Will it still go on my credit
Fatavious Harmon no
Chunderbutt yes
@@CamiCola no because you can sue
Chunderbutt I over pay and beat up landlord and they can’t day nothin in the law !!!!!
Bs.. Just get out of the landlord s property if you haven't paid rent. That's how simple this stuff is.
I cause human suffering via eviction!!!!!!!! Fuck!!!
Maybe you should just pay your rent.
PLEASE, LOSE the *obnoxious* music, it's so distracting!!
funny how tenants want to use every letter of the law to stop an eviction , but would not even be evicted in most cases if they lived by what they agreed to in the lease
get rid of the Indian music in the background, i is not helping.
This was not helpful at all
You should not give scumbags, bad tenants tips how to take advantage of landlords.
Oh shut up there’s more scumbag landlords than tenants
This is useless. All these laws r simply on paper and not into practise.
How long does it take for rental history to remove off of your credit
Seven years. I was told this today.
Nothing EVER comes off your credit.
Typically 7 years for public notice. Other items may come off much sooner. Keep in mind you DO want the good history items pn your credit reports.