My question involves landlord-tenant law in the State of Florida
On 5th June, 2017 we (my wife and I) received a 3 Day notice from our landlord to pay up or move out. From the moment I received this I noticed it was defective as was delivered on Monday June 5th with a "to wit Wednesday June 7, 2017" I soon found out that this 3 day notice was defective so intended using this as a defense once monies were paid into the registry and a hearing date set.
On June 6th The day after serving the 3 day notice, our landlord sent through a guy to repair our A/C as this had stopped working a few days prior to getting the 3 day notice. He asked us (via email dated June 5th) to pay for the repair and he will deduct it from the rent. The repair for this was $80 which we paid to the repairer by check and he also gave us an invoice stating "Paid check # **** The landlord also stated in the email dated June 6th
As we were unsure as to the amount to pay into the registry, we filed a Motion to Determine Rent, as the landlord had agreed that any repairs needed could be deducted from the rent, as were unsure as to how much to pay in thinking we could deduct the $80 from the rent paid in. On July 5th we received an " Order Requiring Defendants To Post Rent and Setting Hearing" asking us to deposit the full rent by July 14th and if we did so that the hearing date was set for July 18th. We did as asked and paid in the full amount into the registry so in effect also paid the A/C repair twice - once too the repairman and also again into the registry as this was not deducted from the rent.
As I was fairly confident that we had good reason to have the case set aside based on the defective 3 day notice and also the fact that even after the landlord issued the defective 3 day notice, he also accepted us paying for repairs in lieu of rent after the date of issue.
Anyway, off we go to the hearing. To our surprise the landlord arrived with an attorney. When he asked me to step into the witness box he asked me if I was aware repairs clause in the lease. I responded yes, but remarked that this was very general and covered what I considered as normal repairs - repairing running toilets etc. He asked a few other basic questions and then rested. The judge than asked me questions to which I pointed out the defective 3 day notice to which he responded - "Did you pay the rent"? to which I said "when it was due no, but it is now paid into the registry. Whenever I mentioned the defective 3 day notice he repeated the "Have you paid the rent" over and over again. This threw me off completely. When I brought up the fact that the landlord had also in effect received repairs in lieu of rent and that this did not comply with the law he asked me to provide evidence that the landlord had agreed to this. I looked in my folder and could not find it but knew I had brought it to the court. At one point I had papers all over the place in front of me and still couldn't find it. I guess I was in such a panic that although it stared me in the fact I couldn't see it. After a minute or so the judge asked me to step down from the witness box and return to my seat.
To cut a very long story short, upon closing arguments I again stated that I ask the court to dismiss the case based on:
1. Defective 3 day notice
2. landlord receiving repairs in lieu of rent
3. Landlord continuing to negotiate payment of rent to him after issuing the 3 day notice.
He then gave his verdict and awarded a final judgement to which I complained there and then stating that I was not happy and that I would lodge an appeal as feel that the law was not applied in this hearing. The judge threatened to have me arrested by the Bailiff and hold me in contempt of court. I apologized.
We left the court room and returned to our car. I looked in my folder again and there was the print of the email from the landlord stating " I will send someone out to look at the A/C, however you will be responsible for paying him. Then we will deduct that amount from your owed rent. As for the garage door, once you are up to date with the rent, we will have that and the lanai screens taking care of as well. I couldn't believe I found this and was infuriated at my own stupidity of not being able to find it among the docs when in court.
We received the Final Judgement in the post last night stating that the landlord is awarded possession of the property on July 31st at 11.59pm. In effect giving us a week to vacate. The judge also stated "that Plaintiffs request for attorney fees is DENIED as the Plaintiff did not request same in his complaint"
My question is, what can I do about this now that we have received the Final Judgement?
On 5th June, 2017 we (my wife and I) received a 3 Day notice from our landlord to pay up or move out. From the moment I received this I noticed it was defective as was delivered on Monday June 5th with a "to wit Wednesday June 7, 2017" I soon found out that this 3 day notice was defective so intended using this as a defense once monies were paid into the registry and a hearing date set.
On June 6th The day after serving the 3 day notice, our landlord sent through a guy to repair our A/C as this had stopped working a few days prior to getting the 3 day notice. He asked us (via email dated June 5th) to pay for the repair and he will deduct it from the rent. The repair for this was $80 which we paid to the repairer by check and he also gave us an invoice stating "Paid check # **** The landlord also stated in the email dated June 6th
As we were unsure as to the amount to pay into the registry, we filed a Motion to Determine Rent, as the landlord had agreed that any repairs needed could be deducted from the rent, as were unsure as to how much to pay in thinking we could deduct the $80 from the rent paid in. On July 5th we received an " Order Requiring Defendants To Post Rent and Setting Hearing" asking us to deposit the full rent by July 14th and if we did so that the hearing date was set for July 18th. We did as asked and paid in the full amount into the registry so in effect also paid the A/C repair twice - once too the repairman and also again into the registry as this was not deducted from the rent.
As I was fairly confident that we had good reason to have the case set aside based on the defective 3 day notice and also the fact that even after the landlord issued the defective 3 day notice, he also accepted us paying for repairs in lieu of rent after the date of issue.
Anyway, off we go to the hearing. To our surprise the landlord arrived with an attorney. When he asked me to step into the witness box he asked me if I was aware repairs clause in the lease. I responded yes, but remarked that this was very general and covered what I considered as normal repairs - repairing running toilets etc. He asked a few other basic questions and then rested. The judge than asked me questions to which I pointed out the defective 3 day notice to which he responded - "Did you pay the rent"? to which I said "when it was due no, but it is now paid into the registry. Whenever I mentioned the defective 3 day notice he repeated the "Have you paid the rent" over and over again. This threw me off completely. When I brought up the fact that the landlord had also in effect received repairs in lieu of rent and that this did not comply with the law he asked me to provide evidence that the landlord had agreed to this. I looked in my folder and could not find it but knew I had brought it to the court. At one point I had papers all over the place in front of me and still couldn't find it. I guess I was in such a panic that although it stared me in the fact I couldn't see it. After a minute or so the judge asked me to step down from the witness box and return to my seat.
To cut a very long story short, upon closing arguments I again stated that I ask the court to dismiss the case based on:
1. Defective 3 day notice
2. landlord receiving repairs in lieu of rent
3. Landlord continuing to negotiate payment of rent to him after issuing the 3 day notice.
He then gave his verdict and awarded a final judgement to which I complained there and then stating that I was not happy and that I would lodge an appeal as feel that the law was not applied in this hearing. The judge threatened to have me arrested by the Bailiff and hold me in contempt of court. I apologized.
We left the court room and returned to our car. I looked in my folder again and there was the print of the email from the landlord stating " I will send someone out to look at the A/C, however you will be responsible for paying him. Then we will deduct that amount from your owed rent. As for the garage door, once you are up to date with the rent, we will have that and the lanai screens taking care of as well. I couldn't believe I found this and was infuriated at my own stupidity of not being able to find it among the docs when in court.
We received the Final Judgement in the post last night stating that the landlord is awarded possession of the property on July 31st at 11.59pm. In effect giving us a week to vacate. The judge also stated "that Plaintiffs request for attorney fees is DENIED as the Plaintiff did not request same in his complaint"
My question is, what can I do about this now that we have received the Final Judgement?
Defenses to Eviction: Emergency Motion to Set Aside (Dismiss)
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