amyclaudio, Renter in Miramar, FL

Where can I find a good template for a letter responding to a 3 day notice?

Asked by amyclaudio, Miramar, FL Wed Jun 19, 2013

I live in Jacksonville, Fl I rent a home currently in foreclosure. I have been served papers several times in the past year. My landlord usually comes by and takes them when I tell him and says people are just messing with me. I am fed up and know that when my lease is up in 2 months I will be out my deposit of $1050. He tried to force his way into my home during my daughters graduation party on the 8th my dad had to call 911. I told him on the 5th when my rent was due to show me he paid the mortgage and he will receive rent. The person I spoke to from the mortgage company said that they will enter a rental agreement with me when foreclosure is complete but if I have no money because I pay it to him I can't pay them. I figure as much as I would like to stay in my home, I should probably look for another place to live. I need to respond to the 3 day notice because I figure its better to drag out than to be put out in a couple weeks w my two kids in tow, right?

Help the community by answering this question:

+ web reference
Web reference:

Answers

6
Rob Burns- Y…, Agent, Jacksonville, FL
Wed Jun 19, 2013
Unfortunately the fact your landlord is not paying his mortgage does not give you the right to withhold rent, if you have a lease with him you are under the obligation to abide by it, if you withhold he can evict you and sue you for back rent. You may however take him to small claims court if he does not return your security deposit once you leave (unless damage was done and he is entitled to it), and I can almost guarantee you the bank will not sign a rental agreement with you after they have foreclosed they do not want to be in the landlord business, however they will have to honor any existing lease you still have. Your best bet is to find a new place once your current lease expires.
1 vote
J.D. "Dan" &…, Agent, Orange Park, FL
Fri Jun 21, 2013
1. Pay all of your rent. DO NOT place it with the clerk of courts. That will muddy the waters

2. Complete your Lease

3. Move out and leave the property PERFECT

4. Do a final inspection with the landlord.

5. Demand your deposit back. He is required by State Law to have your deposit in
an escrow account and not be co-mingled with his own funds. Demand to know the Name of the Bank where the funds are held, it is still YOUR money and he is required to tell you. If he fails this the contact the Florida Real Estate Commission. They take a dim view of Landlords messing with tenants money. It does NOT MATTER if he is a real estate agent/broker or not.

As far as those people coming around and bothering you, they are the property preservation people hired by a 3rd party called the Asset Manager and the AM is hired by the bank. The next time these property preservation people come around get their identification, they are required to show it to you. If they don't, call the law. As long as you are paying your rent you have a right to Quiet Enjoyment of the property and they are violating that right. Too bad your Owner is a Schmuck
0 votes
Don Tepper, Agent, Burke, VA
Wed Jun 19, 2013
That's a tough one.

I'm sure you're right: You won't get your $1,050 deposit back.

But the other answers are correct: You owe the rent to your landlord, regardless of whether he's paying the mortgage or not. That's not a condition of your lease.

Meanwhile, you've got the possibility of a rental agreement from the mortgage company. But if you pay your rent (and don't regain your security deposit), you won't have the money to enter into the rental agreement.

If you've been served a 3 day notice, you definitely should respond to it. You can't ignore it.

So....

The proper thing to do is to pay your rent. You do owe it.

Alternatively, you might try negotiating with the owner. He lets you stay a few weeks rent-free, letting you build up some money for your next rental. You then move out.

Or start looking for a new place immediately. You've got the kids to worry about and care for. (Could you all move in with your dad on a temporary basis?)

Or--and I wouldn't suggest this--is to pay the rent this month. Don't pay it next month. Meanwhile, work out the details with the mortgage company on a rental agreement. They foreclose and you rent. You're still out the security deposit--that's long gone in any case. And it would be a stressful several weeks. And there's still the risk the courts might move fast enough to evict you. (A lawyer could advise you on how fast the courts move on evictions where you are.) Again, understand: I would never, ever suggest that you not pay your rent. But someone else might not have the same reluctance. ;)

Hope that helps.
0 votes
amyclaudio, Renter, Miramar, FL
Wed Jun 19, 2013
Thanks for the advice. I have contemplated taking my rent to the clerk of court. I read about that on myflorida.com. My lease is up on August 1st. I guess I'll just take the wait and see approach. I sent him a letter stating why I haven't paid in response to his 3 day notice. I understood from all I read online that I should respond. I did not however send a check. I am probably going out on a limb here but I don't really fancy being homeless and broke for I fear at this point he will not renew my lease even if we resolve this issue
0 votes
I wouldn't renew your lease but I also would not withhold rent. It doesn't really take that long to evict for non-payment. Try finding a rental with a recent eviction on your record - not pretty
Flag Wed Jun 19, 2013
Danielle Sha…, Agent, Cape Coral, FL
Wed Jun 19, 2013
Rob is absolutely correct. Your obligation is to your landlord and has nothing to do with his obligation to his mortgage provider. Is it fair for tenants? Not necessarily.

A suggestion that might be acceptable to all parties (and make sure to get this in writing) would be to have an attorney hold the security deposit or to place your next month's rent into that account in place of the security deposit.
0 votes
Ron Thomas, Agent, Fresno, CA
Wed Jun 19, 2013
Yes, you will probably be out the $1050.
Yes, your Landlord is a low-life, (could use stronger, but not on Internet)
Yes, you have to make a choice.
You choose to take care of your family!
0 votes
Search Advice
Search
Ask our community a question

Email me when…

Learn more