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All Forum Posts by: Jonathan Brennan

Jonathan Brennan has started 1 posts and replied 10 times.

Originally posted by @Brian Garlington:

@Jonathan Brennan

Your landlord may not have followed the correct procedure to evict you by "next Wednesday" but he clearly wants you out of there. Why would you want to stay at a place under those circumstances? 

Unless I'm mistaken if he is the property owner and he wants to move into the unit you are currently living in then that is very much his right. If he continues to take rent from you he is obviously sending mixed messages, but it sounds like he wants you out of there. Now that you've put your business out there on social media for the whole world to see, including him and potential future landlords I would strongly suggest you make this right ASAP before he decides to follow the proper procedures to actually evict you. Once an eviction is on your record it can be very difficult to find another landlord to accept you......especially if you've been openly talking about it on social media.

On a side note, you mentioned "being out of basic in 30 to 60 days". I assume you mean military basic training. There is not one branch of the US Military Basic Training that is less than 60 days man. This means that either 

A. You have already completed some of your basic training....in which case you are already living in some barracks. Even after "basic" every branch has a follow on technical or skill school that is anywhere from 6 weeks to 24 months where they literally provide you with barracks to stay in so if you're already in the military....and it sounds like you're not, then you would KNOW when you will be done with "basic".  

Or............

B. You have not received the necessary information through your own research (don't just rely on the army recruiter) as to when your "basic" training will begin and end. 

I'm not going to go so far as to say you're being less than truthful about your (upcoming?) military service, but it is definitely not good to "put it out there" that you're joining the military if you're actually not or if you're not sure of the circumstances of your enlistment my man. 

 I've not talked about this matter anywhere but here, because I was looking for advice on the situation that was unfolding. The training takes Nine Weeks and Four days for basic, not including Ait and job training for the United States Army. Basic Training isn't the issue here. The issue is that the landlord is not being very forthcoming with what they want. The notice is void since it's four months old and he accepted rent after the fact, and a weeks notice is against the Florida laws. I just needed to know what legal action he would be taking in regards to Evicting us if he wasn't doing it wrongly like he is now. I do not plan on staying here. It's not as easy as 1,2,3, move out. Unfortunately, there is a procedure to follow, money to gather (which for us is next to impossible for the amount it would take to move anywhere in this area of South Florida) and rental properties to visit and search for. If it was as easy as you are making it seem, we would have been gone four months ago. Minimum wage doesn't pay well enough to move out somewhere, and unfortunately, no places near me were hiring, let alone hiring with a wage good enough to save up and move with. Thanks for your advice though.

**null

Still using voice to text as I'm still vigorously moving all of our items to a storage unit

Originally posted by @Nicole A.:

From what I understand about Section 8, it is not typically something you can get into quickly. This program has waiting lists, sometimes years long, depending on the area.

I understand the timing of this isn't perfect, but it sounds like you indeed got notice 4 months ago and have now stayed "beyond your welcome." So now the clock is really ticking.

I'm guessing your current rent is cheap and that market rent is $900-$1500 that you mentioned. Perhaps you and your wife could share a place with roommates. Jump on Craigslist and see if there are some ads looking for roommates or ads of people renting out rooms or the basement of their homes. I'm sure that rent would be less expensive for you.

If you have a bunch of stuff, try to downsize. It's only bogging you down.

Don't hope for a phone call. Take action. I suggest that if you don't have friends or family you can stay with, to look at Craigslist.

 The notice we had gotten four months ago is Nolan void by Florida law since he took rent from us for the four months that we were there so no that notice doesn't apply to us right now. I've been doing research and Florida state law on a month-to-month lease requires 20 days and notice not one week. The only reason we are abiding by what this landlord wants us to do is because we have no written lease tying us to this place at all which would mean he can get the police involved and just negate the entire legal process from what my understanding of this situation has come to. Currently there are no people looking for roommates, we've tried that route already. It's just the way things are right now all of the rental properties have been soaked up in this area due to it being tourist season. The ones that have not yet been claimed are overpriced by about 5 to $600. The rates before season where way lower. We don't intend on staying and I don't really want to fight the landlord on this because it always favors them in court. The unfortunate irony in this situation is that here in 30 to 60 days will be out anyways because I'll be out of basic hopefully by then, the landlord just can't wait for whatever reason even though the only thing he's waiting on is to renovate the part of the place we're living in so that he can live in it. He's basically reclaiming our part of the duplex but leaving the other tenant on the other side alone.

**

Work against. My voice to text screwed that up

Originally posted by @Nicole A.:

Do you not have the money to move? Otherwise, I don't understand why you're trying to fight this issue. Why would you want to stay?

 So to put it bluntly the system likes to work with people like me. I filed many times to help find Section 8 housing because I have a minimum wage job and it is the only job that I have ever held at a high school. Every time I apply I'm always over the income limit no matter where I am. Rent down where I live in Florida right now is anywhere between 900 to 1500 a month for a one-bedroom one-bathroom apartment or rental property. To answer your question no I do not want to stay, I want out. 4 months ago when we had the first problem and he put that notice on our door we told him we were trying to move out anyways. I am currently undergoing the process to enlist in the Armed Forces, the army, the only problem being they are waiting for an okay from my medical documents which are out of my control. As soon as I get that phone call and they set up an appointment for me to go get my physical we're out of there. My wife works basically a waitressing job so her pay fluctuates way too much but she cannot find any other work down here. It literally could not have come at a worse time because right now we're at the in-between season stage, a lot of Northerners are still down here holding up rental properties and jacking up the prices and also holding up jobs that we would be able to quote "take" though like I said I am currently diligently packing away all of our belongings into boxes we've already got a storage unit and I am missing work to do this. Suffice it to say that this isn't the only hardship I faced in my life and by no means is it the worst hardship than anyone else on this planet is facing but at this moment in time, it doesn't feel as though I've been able to relax for quite a while.

Without going into all the details involving my life story and just giving you the basis of my life situation currently, this person has no heart and I guess I wouldn't expect them to, coming from a business point. I just hope to get that phone call soon. 

Originally posted by @Wayne Brooks:

What “issue did you resolve”?

Otherwise, in FL when you are without a lease, you are automatically on s “month to month” tenancy.
In FL, either party must give 20 calendar days notice to end the tenancy. Note: that 20 days notice must be 20 days prior to the first of the month. Example, being now in March, notice must be given by March 11th to terminate on March 31st, in order for it to be effective April 1. You can’t give notice on say, March 20th for vacancy by April10th, it must be 20 days prior to the first of the month.

These month to month laws are easy to google up. You don’t need a lawyer, just inform the landlord, in writing, what the law is, Assuming you have been paying rent timely.

It is too late for him to now give proper notice for April 1st, the earliest he can require you to be out now is May 1st.
If he files an eviction and hasn’t followed the above guidelines, simply show up to court and it will be thrown out.

You obviously need to start looking for a new place.

 The issue was he wanted to move us out into a camper on the property that wasn't and still isn't even close to being "livable space" we discussed that since we have been diligently paying rent, often times at a changing rate, that we would agree to move in when it was fixed. Four months after the fact, having paid our rent on time, we received a text saying we have until this Wed to evict or legal action will be taken. Today I have been looking for Boxes since 5 AM. Forgive me if my response time is non-existent and I do extremely appreciate all that have added to this matter.

This person didn't follow the procedure after the notice to quit because we resolved the issue. We've stayed here four months past it without any word of it.

Quite literally the notice is the generic image you get when you type into google "Notice To Quit - Lease Termination" and it wasn't notarized by a court or lawyer, the notice only terminated the lease, which we never had one written, and put us on a month to month lease with no date to leave the property.

To clarify it even further, the Notice to Quit was a placed on the door of our part of the Duplex four months ago and we just received a text message today saying we have to leave by Wednesday next week or he will seek legal action.

The notice to quit only state that it was to quit the lease and put us on a month to month lease. It didn't detail a move out date. Thank you for your replies.

We have been living at this place for nearly 2 years. The "landlord" didn't have us sign a lease agreement for the place but we have been very diligent with our payments. Here recently they have spoken about needing the part of the duplex we live in for themselves to move back on to the premises but we have nowhere to go. We allow them that knowledge and let them know that we are searching for options. After about a month they served a Notice To Quit putting us on a month to month even though there was no prior lease. Now the situation has made it to a critical state in which a text message was received in which they are informing us that the Notice To Quit was an eviction notice, though I doubt it with the words "Notice to Quit" at the very top, and that we have until Wednesday to move out next week. This situation is in dire need of responses from Lawyers who work in our area as this need a resolution. We cannot offer any form of payment as the rent had been sporadically increasing and decreasing due to there being no lease in motion. If you feel that this is something you might be able to aid in, we can and will exchange locale information and contact information so that we might be able to conclude this "landlords" actions with a more firm hand than just what we have found on the internet.