Title: Bottom Feeders Dont Pay Their Rent and Wont Leave - So They Call the Police On Me Source:
[None] URL Source:[None] Published:Jul 27, 2018 Author:youtube Post Date:2018-07-27 13:41:01 by no gnu taxes Keywords:None Views:1262 Comments:13
I,m not sure sure what to make of this. The guy with the camera was far less than tactful. However, the deputies looked like clueless buffoons. After all, he is just trying to get freeloaders to lawfully leave and leave his father alone. It reminds me of the the deputy substitutes for Barney Fife on Andy Griffith (yes, below the level of Barney).
I,m not sure sure what to make of this. The guy with the camera was far less than tactful. However, the deputies looked like clueless buffoons. After all, he is just trying to get freeloaders to lawfully leave and leave his father alone. It reminds me of the the deputy substitutes for Barney Fife on Andy Griffith (yes, below the level of Barney).
Long video if you are willing to watch it.
The guy with the camera is an idiot. The cops appear to recognize him as an idiot, and appear reasonable in comparison.
His "durable power of attorney" claim does not empower him to tell the cops what to do if he does not produce the alleged power of attorney.
Without the document, it remains unknown what, if any, power he has been authorized, authorized by whom, to do what, and under what circumstances. He is just babbling bullshit about his being the durable power of attorney. It appears he was trying to say that he has a document giving him durable power of attorney, but he also failed to show it, and refused to provide his own name or identify the landlord.
A durable power of attorney exists when a person executes a power of attorney which will become or remain effective in the event he or she should ;ater become disabled.
A durable power of attorney is a power of attorney by which a principal designates another his attorney in fact in writing and the writing contains the words "This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time," or "This power of attorney shall become effective upon the disability or incapacity of the principal," or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent disability or incapacity, and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.
It is very possible, if not very likely, that camera guy's asserted Durable Power of Attorney, only applied in the circumstances where the principal was incapacitated or disabled, and did not give him any power at all while pops is on video walking around just fine, exhibiting no evidence of being incapacitated or disabled.
The cop said the note left on the door is not official. A note left on the door to take your stuff and clear out is illegal. The cops offered camera guy a copy of the applicable Florida law. He should have taken it and read it.
There is no telling what is on the paperwork at the end of the video.
The tenants may be bottom feeders, but bottom feeder tenants have rights pursuant to Florida law. Camera guy may be trying to get freeloaders to lawfully leave, and leave his father alone, but he may be incurring legal liability for not acting lawfully.
Reference is made to their claim of something to do with conditions in the premises. They may have a defense to eviction.
Not enough information is available to say what will happen. It is reasonable to conclude that the note left on the door was defective if it intended to serve as notice of termination of the rental agreement. To be valid for that purpose, it must include the landlord’s name, address, and telephone number.
(3) If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement. Legal holidays for the purpose of this section shall be court-observed holidays only. The 3-day notice shall contain a statement in substantially the following form:
You are hereby notified that you are indebted to me in the sum of ____ dollars for the rent and use of the premises ____ (address of leased premises, including county), Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the ____ day of ____, (year).
(landlord’s name, address and phone number)
(4) The delivery of the written notices required by subsections (1), (2), and (3) shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence.
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83.59 Right of action for possession.—
(1) If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit as provided in this section.
(2) A landlord, the landlord’s attorney, or the landlord’s agent, applying for the removal of a tenant shall file in the county court of the county where the premises are situated a complaint describing the dwelling unit and stating the facts that authorize its recovery. A landlord’s agent is not permitted to take any action other than the initial filing of the complaint, unless the landlord’s agent is an attorney. The landlord is entitled to the summary procedure provided in s. 51.011 [F.S. 1971], and the court shall advance the cause on the calendar.
(3) The landlord shall not recover possession of a dwelling unit except:
(a) In an action for possession under subsection (2) or other civil action in which the issue of right of possession is determined;
(b) When the tenant has surrendered possession of the dwelling unit to the landlord;
(c) When the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption does not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence; or
(d) When the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises, rent is unpaid, at least 60 days have elapsed following the date of death, and the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative. This paragraph does not apply to a dwelling unit used in connection with a federally administered or regulated housing program, including programs under s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 of the National Housing Act, as amended.
(4) The prevailing party is entitled to have judgment for costs and execution therefor.
History.—s. 2, ch. 73-330; s. 1, ch. 74-146; s. 24, ch. 82-66; s. 1, ch. 92-36; s. 447, ch. 95-147; s. 1, ch. 2007-136.
If the tenant chooses to fight the eviction and does not move out within the specified time period, then the landlord will typically file a complaint at the courthouse in the county where the rental property is located. The court will then set a hearing date for both the landlord and the tenant to attend (see Fla. Stat. Ann. § 83.59(2)). Once the tenant receives the landlord's complaint, the tenant will have five days to file an answer with the court. The tenant will provide all the defenses to the eviction within the answer. At the hearing, the judge will decide whether the tenant should be evicted, based on the landlord's complaint and the tenant's answer. (See the "Summary procedure section of Florida statutes: Fla. Stat. Ann. § 51.011(1).)
For more information on how to respond to an eviction notice, see the "Help! I Just Got a 3-Day Notice!" brochure published at FloridaLawHelp.org.
[...]
Tenant Defenses for Challenging an Eviction in Florida
There are several defenses available to tenants for fighting an eviction. Here are some of the legal grounds available to tenants who want to stop an eviction in Florida.
Landlord Used "Self-Help" Eviction Procedures
A landlord must not engage in "self-help" eviction procedures, such as forcing a tenant to leave a rental unit by such means as shutting off the utilities to the rental unit or changing the locks on the doors. A landlord who does any of these prohibited actions could end up paying the tenant damages worth up to three months' rent (under "prohibited practices" section of Florida laws: Fla. Stat. Ann. § 83.67). See the Nolo article Illegal Eviction Procedures in Florida for more information.
Landlord's Eviction Notice and/or Service to the Tenant Had Errors
Landlords in Florida must follow very specific guidelines when creating and delivering eviction notices to tenants. For example, if an eviction notice does not have essential information like the date the tenant must be out of the rental unit, then the eviction notice will be considered defective. The landlord must then fix the error and send the eviction notice to the tenant again before the appropriate time period starts running for the tenant to move out. For more information on how and when eviction notices must be given to tenants, see the Nolo article Eviction Notices for Nonpayment of Rent in Florida.
This defense will not stop an eviction completely if the landlord is justified in evicting the tenant: It will merely give the tenant more time to live in the rental unit before being evicted.
Landlord Does Not Have the Legal Justification to Evict (Nonpayment of Rent)
There may be several defenses available to a tenant to challenge an eviction for nonpayment of rent.
[...]
Tenant Has Not Paid Rent Because Landlord Has Failed to Maintain The Rental Unit Premises
Under the Florida state landlord-tenant statutes, a landlord has an obligation to comply with all Florida building codes and health codes. If there is not an applicable building, housing, or health code, then the landlord has an obligation to keep the structure and plumbing of the rental unit in good repair. If the landlord fails to follow the applicable codes or keep the rental unit in good repair, then the tenant must notify the landlord in writing of the defect and of the tenant's intent to not pay rent. The tenant must give the landlord seven days to fix the defect. If the landlord does not fix the defect within seven days of receiving the notice, the tenant is then justified in not paying rent. The landlord's failure to fix the defect can be a complete defense to the eviction lawsuit, meaning the landlord will lose the case (see Fla. Stat. Ann. § 83.60(1)).
For more information, see the Nolo articles Florida Tenant Rights to Withhold Rent and Tenant Rights to a Livable Place.
Authored By: Community Legal Services of Mid-Florida
FAQ
What is a 3-day notice?
You can be evicted if you do not pay your rent. Your landlord must, by law, first follow several specific steps to get a court order called a Judgment for Possession before you can be evicted. Your landlord’s first step must be to give you a 3-day notice.
The 3-day notice must be delivered to you, in writing, and include the following information:
A statement that you did not pay rent when it was due.
The exact amount of rent due.
The landlord’s name, address, and telephone number.
The date the payment is due.
Your landlord does not need to have the sheriff deliver the notice to you. Your landlord can hand-deliver the notice, tape it to your door (called posting), or mail it to you.
The 3-day notice can only demand payment of rent. Unless your written lease agreement says otherwise, rent does not include:
late fees
security deposits
costs for repairs
The 3-day notice must give you 3 days to either pay the rent or move out. The 3 days does not include weekends, holidays (when the court clerk’s office is closed), or the day the notice was delivered to you. Your landlord must add 5 days to the deadline to pay rent or move out if:
The notice is mailed to you.
The notice tells you to pay the rent to a post office box or out-of-town address.
I remember many years ago when I lived In Reno, NV, I was supposed to be out of my apartment on New Years eve. I got off work late and planned to be out by noon the next day. As I was moving my stuff out I saw a notice on the door saying, "if you aren't out by 3 PM, you will be forcibly removed."
