Update on Lawsuit against my Landlord
I'm updating all of you, as requested, in regards to this post. So, here it goes.
First of all, I mailed the letter to my landlord on March 22. According to the USPS tracking, he got it on March 23. I didn't hear a word from anyone until March 31st around 8 in the evening, when his accountant called to respond to a message I'd left on March 21st asking for her address. She had no clue I'd sent the notice to John. I told her I was filing in court against John, and would not be paying my rent (just to keep her clued in -- she has to make the "you didn't pay your rent calls" and she seems like a decent lady). John called me about two hours later while I was at the gym and left a peeved sounding message. Since I requested all communication be done in writing (for legal purposes) I didn't respond to his message. The next day, the repair guy called telling me John told him about some kind of repair list. I was rushing around that morning for the S.W.A.P. conference which I was presenting at, and helping to organize, so I told him I couldn't really furnish yet another copy of the list at the moment, and that John had a list (which I sent him TWO copies of by certified mail). Besides that, since the seven days had already passed, the lease was already terminated.
I was super busy this weekend with the aforementioned conference so I left legal matters to the side. Yesterday morning, resumed normal activities and began to make phone calls, look up forms, etc. yet again. Here's what I found out.
http://www.clerk.leon.fl.us is an intensely useful site. Bookmark it. Love it. Rape it for information. Whatever pleases you. Specifically, you'll want this link: http://www.clerk.leon.fl.us/index.php?section=1&server=&page=clerk_services/faqs/index.php&division=civil The automatic document generator generates a 53 page document and is a pain to go through but when you do it you get the form necessary to withhold rent from your landlord. You fill it out, take it down to the Courthouse with four copies (you, Court, 2 for landlord) and two self-addressed envelopes, one with sufficient postage to mail to your landlord, and then they keep a copy, send a copy in the mail, and have the Sheriff's office serve him a copy. This isn't necessary, and it might cost money. I'm not sure because I didn't do it. So, if you just want to withhold rent, you can do it two ways:
1) Write and send via certified mail at least seven days before rent is due a letter like the one I did. Make it as "legal" as possible -- cite the relevant laws and KEEP COPIES. If s/he doesn't respond, then just don't pay rent. Then, when your landlord files in the court for eviction due to non-payment of rent, go down to the Courthouse (1920 Thomasville Road 2nd Floor) and you'll give the Court a check for the rent and a copy of the documentation you sent your landlord. Then it will go to court. This is called "Forcing an Eviction," I think. Basically, you get him to file and pay $80 court costs, and then not get his rent until everything is fixed. Chances are, if he's not an idiot, he'll realize when you don't pay your rent and from the officialness of your letter you will probably do this and fix stuff.
2) The way described above, with the form and whatnot. There may be a court cost associated with this. Like I said, I'm not sure.
Now, if you actually wanna get out of your lease and sue your landlord for money (even if its just your deposits, etc. back), the process is a bit different. It goes something like this.
1) Send a letter like mine, explaining the violations and giving him seven days to comply or the lease is terminated. Make sure you list ALL THE MONEY you want to claim should the lease be terminatedin the letter. This way, it won't seem like he didn't know what you were gonna do.
2) Wait seven days. If he doesn't respond in writing or make a good faith effort to bring the unit/property into compliance, the lease is terminated.
3) MOVE OUT! Send him a notice of termination via USPS certified mail. This is another official sounding letter. Here's mine: (sorry its late and I can't be bothered to undo all this stupid code that's appearing during copy-paste)
April 5, 2006
Dear Mr. Klein,
Since you did not adequately respond to my previous notice,
please consider our leasing agreement effectively terminated. This notice is to
inform you that I intend to vacate the property at ---- by April
15, 2006. As such, I have included payment for 1/2 my monthly rent.
A civil suit has been filed in the County Court for my
security deposit, last month’s rent, pet deposit, and other damages:
Pre-paid last month’s rent of $568
Security Deposit of $569 and all interest accrued on
security deposit
Pet Deposit of $200
$100 per month of noncompliance as a refund of rent paid
during noncompliant
months. ($800 total)
An additional $25 per month (2 months) for which I was
without a stove. ($50 total)
$100 for cleaning of property upon moving into unit.
$50 for cost and effort of flea treatments
Overpaid Rent totaling $11 ($5 for January and March 2006,
and $1 for August)
$1000 for damages to my vehicle because of stray cats on
property
Total Return of Monies: $3348 plus relevant interest on
security deposit
I will turn my keys over to----, unless you specify another
individual to whom they ought to be given. Please address all further
communication to the address listed in the header.
Thank you,
Sabrina ----
Graduate Assistant in Teaching
Florida
State University
Include any pro-rated rent for the month if you owe it with the termination notice. Keep a copy of the check, money order, whatever. (Don't send cash. It's illegal AND stupid.) Calculate pro-rated rent by taking the total monthly rent, dividing it by the number of days in the month, and multiplying it by the number of days you have been/plan on occupying the building. Notice of termination and intent to vacate needs to be sent AT LEAST SEVEN DAYS in advance.
4) Fill out a statement of claim (http://www.clerk.leon.fl.us/index.php?section=1&server=&page=clerk_services/online_forms/county_civil/interactive/statement_of_claim/instructions.php) and an application for indigent status (http://www.clerk.leon.fl.us/sections/clerk_services/online_forms/general/indigent.pdf). The statement of claim is basically "the lawsuit" and the application of indigent status says you can't afford to pay the court costs immediately and want to work out a payment plan. You'll need at least $25 to file. Filing can cost up to $255 depending on how much you are suing for, but the loser has to pay the filing costs (and hopefully its the landlord). If you are granted indigent status, you'll make a "down payment" of $25 and then they will bill you monthly. When you win and your landlord PAYS WHAT HE OWES, you'll get the money to pay off the balance. Make two copies of the statement of claim (the original goes to the court, you keep a copy, and a copy is served to the landlord) and one copies of the application for indigent status for your records.
EDIT: You should also print out a Summons (http://www.clerk.leon.fl.us/index.php?section=1&server=&page=clerk_services/online_forms/county_civil/interactive/notice_to_appear_for_pretrial_conference_mediation/instructions.php) and make four copies and take them with you to the court.
5) Take those copies, and THREE copies (one for you, one for the court, and one to serve your landlord) of everything else -- your lease, your original "comply in seven days or else," letter, your notice of termination, your last check, all the relevent mailing certificates, pictures you want to include (and you want to include them -- make sure they are dated. Take them with a digital camera, go to walmart, print out one set of 4x6 prints, then take them to Office Depot and make color copies. Caption *every* picture), and anything else you want to include -- I am including copies of my past communication with my landlord and copies of the canceled checks for the various deposits. Go down to the courthouse at 1920 Thomasville Road. You are filing a lawsuit, aren't you proud of yourself?
6) Track your case using this link: http://cvweb.clerk.leon.fl.us/index.asp (You can also use this link to look up anyone and see what legal action has been taken against them. It's kinda neat if you are a wee bit voyeuristic like me.)
That's where I am in this process, so that's as far as I can lead you. I'm going to the courthouse tomorrow to file. I'm moving out next week.
I hope this helps you guys out!
EDIT So I just realized that some people might wanna know what happens if you win. From what I've been told, if you win the lawsuit, the court gives the landlord a designated amount of time to pay (like fourteen days or something). If s/he doesn't pay within that time, /she's in contempt of court and a warrant is put out for his/her arrest. So if the ruling is against your landlord, chances are s/he'll pay. It's bad enough that the ruling is against him/her-- if the ruling is against him/her it shows up on his/her credit report regardless of whether or not s/he pays. A judgement is a REALLY bad thing to have against you on your credit report, so the landlord, once receiving the claim, will probably try and settle. Make sure, if s/he does want to settle, you actually get money (check deposited and cleared) before ending the civil suit, which you can do with this form: http://www.clerk.leon.fl.us/sections/clerk_services/online_forms/county_civil/notice_of_dismissal.pdf
If you lose, and you've already moved out, you do lose whatever deposits, advance rent, court costs, etc. that you paid. You may also have to pay your landlord's legal fees, if he hires an attorney, plus whatever the financial consequences are of dropping out on our lease are stipulated by your lease. So you should make sure you have a solid legal ground for your actions before you take them. Otherwise you end up kinda screwed. I'm not sure if this shows up as a judgement against you on your credit or not (since you filed the action, I don't know if anything other than losing can happen to you). So someone might wanna check on that.
The judge might also make some changes -- s/he may decide you are asking for too much and adjust the amount of your claim or that the lease is terminated and no one owes anyone anything. Not sure who pays court costs in this case. I'm also not sure whether or not a judgement goes against anyone's credit in this case.
Whew. Yeah. So that's it for now. I promise.
EDIT: Here are pictures, just in case you were wondering. http://themaskedmedea.livejournal.com/347074.html#cutid1
First of all, I mailed the letter to my landlord on March 22. According to the USPS tracking, he got it on March 23. I didn't hear a word from anyone until March 31st around 8 in the evening, when his accountant called to respond to a message I'd left on March 21st asking for her address. She had no clue I'd sent the notice to John. I told her I was filing in court against John, and would not be paying my rent (just to keep her clued in -- she has to make the "you didn't pay your rent calls" and she seems like a decent lady). John called me about two hours later while I was at the gym and left a peeved sounding message. Since I requested all communication be done in writing (for legal purposes) I didn't respond to his message. The next day, the repair guy called telling me John told him about some kind of repair list. I was rushing around that morning for the S.W.A.P. conference which I was presenting at, and helping to organize, so I told him I couldn't really furnish yet another copy of the list at the moment, and that John had a list (which I sent him TWO copies of by certified mail). Besides that, since the seven days had already passed, the lease was already terminated.
I was super busy this weekend with the aforementioned conference so I left legal matters to the side. Yesterday morning, resumed normal activities and began to make phone calls, look up forms, etc. yet again. Here's what I found out.
http://www.clerk.leon.fl.us is an intensely useful site. Bookmark it. Love it. Rape it for information. Whatever pleases you. Specifically, you'll want this link: http://www.clerk.leon.fl.us/index.php?section=1&server=&page=clerk_services/faqs/index.php&division=civil The automatic document generator generates a 53 page document and is a pain to go through but when you do it you get the form necessary to withhold rent from your landlord. You fill it out, take it down to the Courthouse with four copies (you, Court, 2 for landlord) and two self-addressed envelopes, one with sufficient postage to mail to your landlord, and then they keep a copy, send a copy in the mail, and have the Sheriff's office serve him a copy. This isn't necessary, and it might cost money. I'm not sure because I didn't do it. So, if you just want to withhold rent, you can do it two ways:
1) Write and send via certified mail at least seven days before rent is due a letter like the one I did. Make it as "legal" as possible -- cite the relevant laws and KEEP COPIES. If s/he doesn't respond, then just don't pay rent. Then, when your landlord files in the court for eviction due to non-payment of rent, go down to the Courthouse (1920 Thomasville Road 2nd Floor) and you'll give the Court a check for the rent and a copy of the documentation you sent your landlord. Then it will go to court. This is called "Forcing an Eviction," I think. Basically, you get him to file and pay $80 court costs, and then not get his rent until everything is fixed. Chances are, if he's not an idiot, he'll realize when you don't pay your rent and from the officialness of your letter you will probably do this and fix stuff.
2) The way described above, with the form and whatnot. There may be a court cost associated with this. Like I said, I'm not sure.
Now, if you actually wanna get out of your lease and sue your landlord for money (even if its just your deposits, etc. back), the process is a bit different. It goes something like this.
1) Send a letter like mine, explaining the violations and giving him seven days to comply or the lease is terminated. Make sure you list ALL THE MONEY you want to claim should the lease be terminatedin the letter. This way, it won't seem like he didn't know what you were gonna do.
2) Wait seven days. If he doesn't respond in writing or make a good faith effort to bring the unit/property into compliance, the lease is terminated.
3) MOVE OUT! Send him a notice of termination via USPS certified mail. This is another official sounding letter. Here's mine: (sorry its late and I can't be bothered to undo all this stupid code that's appearing during copy-paste)
April 5, 2006
Dear Mr. Klein,
Since you did not adequately respond to my previous notice,
please consider our leasing agreement effectively terminated. This notice is to
inform you that I intend to vacate the property at ---- by April
15, 2006. As such, I have included payment for 1/2 my monthly rent.
A civil suit has been filed in the County Court for my
security deposit, last month’s rent, pet deposit, and other damages:
Pre-paid last month’s rent of $568
Security Deposit of $569 and all interest accrued on
security deposit
Pet Deposit of $200
$100 per month of noncompliance as a refund of rent paid
during noncompliant
months. ($800 total)
An additional $25 per month (2 months) for which I was
without a stove. ($50 total)
$100 for cleaning of property upon moving into unit.
$50 for cost and effort of flea treatments
Overpaid Rent totaling $11 ($5 for January and March 2006,
and $1 for August)
$1000 for damages to my vehicle because of stray cats on
property
Total Return of Monies: $3348 plus relevant interest on
security deposit
I will turn my keys over to----, unless you specify another
individual to whom they ought to be given. Please address all further
communication to the address listed in the header.
Thank you,
Sabrina ----
Graduate Assistant in Teaching
Florida
State University
Include any pro-rated rent for the month if you owe it with the termination notice. Keep a copy of the check, money order, whatever. (Don't send cash. It's illegal AND stupid.) Calculate pro-rated rent by taking the total monthly rent, dividing it by the number of days in the month, and multiplying it by the number of days you have been/plan on occupying the building. Notice of termination and intent to vacate needs to be sent AT LEAST SEVEN DAYS in advance.
4) Fill out a statement of claim (http://www.clerk.leon.fl.us/index.php?section=1&server=&page=clerk_services/online_forms/county_civil/interactive/statement_of_claim/instructions.php) and an application for indigent status (http://www.clerk.leon.fl.us/sections/clerk_services/online_forms/general/indigent.pdf). The statement of claim is basically "the lawsuit" and the application of indigent status says you can't afford to pay the court costs immediately and want to work out a payment plan. You'll need at least $25 to file. Filing can cost up to $255 depending on how much you are suing for, but the loser has to pay the filing costs (and hopefully its the landlord). If you are granted indigent status, you'll make a "down payment" of $25 and then they will bill you monthly. When you win and your landlord PAYS WHAT HE OWES, you'll get the money to pay off the balance. Make two copies of the statement of claim (the original goes to the court, you keep a copy, and a copy is served to the landlord) and one copies of the application for indigent status for your records.
EDIT: You should also print out a Summons (http://www.clerk.leon.fl.us/index.php?section=1&server=&page=clerk_services/online_forms/county_civil/interactive/notice_to_appear_for_pretrial_conference_mediation/instructions.php) and make four copies and take them with you to the court.
5) Take those copies, and THREE copies (one for you, one for the court, and one to serve your landlord) of everything else -- your lease, your original "comply in seven days or else," letter, your notice of termination, your last check, all the relevent mailing certificates, pictures you want to include (and you want to include them -- make sure they are dated. Take them with a digital camera, go to walmart, print out one set of 4x6 prints, then take them to Office Depot and make color copies. Caption *every* picture), and anything else you want to include -- I am including copies of my past communication with my landlord and copies of the canceled checks for the various deposits. Go down to the courthouse at 1920 Thomasville Road. You are filing a lawsuit, aren't you proud of yourself?
6) Track your case using this link: http://cvweb.clerk.leon.fl.us/index.asp (You can also use this link to look up anyone and see what legal action has been taken against them. It's kinda neat if you are a wee bit voyeuristic like me.)
That's where I am in this process, so that's as far as I can lead you. I'm going to the courthouse tomorrow to file. I'm moving out next week.
I hope this helps you guys out!
EDIT So I just realized that some people might wanna know what happens if you win. From what I've been told, if you win the lawsuit, the court gives the landlord a designated amount of time to pay (like fourteen days or something). If s/he doesn't pay within that time, /she's in contempt of court and a warrant is put out for his/her arrest. So if the ruling is against your landlord, chances are s/he'll pay. It's bad enough that the ruling is against him/her-- if the ruling is against him/her it shows up on his/her credit report regardless of whether or not s/he pays. A judgement is a REALLY bad thing to have against you on your credit report, so the landlord, once receiving the claim, will probably try and settle. Make sure, if s/he does want to settle, you actually get money (check deposited and cleared) before ending the civil suit, which you can do with this form: http://www.clerk.leon.fl.us/sections/clerk_services/online_forms/county_civil/notice_of_dismissal.pdf
If you lose, and you've already moved out, you do lose whatever deposits, advance rent, court costs, etc. that you paid. You may also have to pay your landlord's legal fees, if he hires an attorney, plus whatever the financial consequences are of dropping out on our lease are stipulated by your lease. So you should make sure you have a solid legal ground for your actions before you take them. Otherwise you end up kinda screwed. I'm not sure if this shows up as a judgement against you on your credit or not (since you filed the action, I don't know if anything other than losing can happen to you). So someone might wanna check on that.
The judge might also make some changes -- s/he may decide you are asking for too much and adjust the amount of your claim or that the lease is terminated and no one owes anyone anything. Not sure who pays court costs in this case. I'm also not sure whether or not a judgement goes against anyone's credit in this case.
Whew. Yeah. So that's it for now. I promise.
EDIT: Here are pictures, just in case you were wondering. http://themaskedmedea.livejournal.com/347074.html#cutid1