Legal Question in Landlord & Tenant Law in Florida

On april 27 2013 i signed a lease with my apartment complex but i didnt move in until may 2013. on may 1 2013 we started moving things over to the apartment witch is in a different county from where we was moving from.we only stop by to drop things off witch was our big items like washer and dryer bins of paper work and clothing we wasn't going to need right away because we was going to still be staying in the other county for the a few days so my kids could get the fcat done and one of my sons had an iep meeting that needed to get established before he was out of the school system... so we decided to get this out the way before we left the county by may 8 the kids had finished fcat and the meeting had took place and the school said it would be ok to go ahead and withdraw the kids out of their system.on may 8 we went to the apartment to finally start staying and when we arrived it was a note posted on the door the note was for a non compliance dated may 7 for trash being in our entry way as soon as i read the note i got in my car and went to the leasing office to inquire about it and let them know me or my family was not there and i have had no guest beause 1 i have not been staying there and 2 we dont know anybody. i asked for pictures and was told that next time they would have the grounds men take pictures i told him it shouldnt be a next time because me and my family do not leave trash around. on june 24 while i was at work on my break i call home and my boyfriend tells me that my aunt brought my cousin by to pick up his clothes that he had left over the weekend and when they was coming out the house to walk him to the car the courtesy officer came out recording them saying the apartment office told him to record everything that goes on at that apartment refering to my apartment he said they told the courtesy officer they was just coming to pick up there stuff the courtesy officer apoligized and reminded them about the curfew and went back to what he was doing. the next morning i went to the leasing office to inquire on why was the courtesy officer told to record our apartment because i take it as harresment being that we havent did anything i wanted to know what they suspected at our apartment to want to have us recorded...i told the worker in the leasing office i would get an attorney because i feel that is harrasssment he told me he didnt know anything about it and i would have to come back the next day to talk to the apartment manager and he could no longer talk to me.the next day i go back to talk with the apartment manager and she tells me that the courtesy officer worded it all wrong and he was told to record whenever he see some one breaking curfew to record them because if she have to go to court she is going to win. i let her know that i was just wanting to know because it wasnt right fo my apartment to be targeted when we havent did anything...that was that. on july 16 2013 i get a knock on my door from the courtesy officer with a devilish smurk smile on his face he hands me a note that says seven day notice of non compliance (without oppurtunity to cure) you are hereby advised that your lease is terninated effective immediantely. you shall have 7 days from this notice to vacate the premises. you have violated part 6 of your lease agreement of your lease which states- 6. uses of premises... then it says this action is being taken due to the excessive loitering in front o your apartment and previous notices you have been given for such actions... first of all i havent been given any previous notices second my kids go out and play with other kids they have met around the neighborhood but the only time some one is out standing is to smoke a cigarette in front of my door because there is no smoking allowed inside the apartments. i have had only 5 people stop by my apartment and at no time have we been loitering.what can i do to prove my case i havent moved and i got the summons/complaint in the mail on august 8 it was filed august 6. i have 5 days to write down the reasons i should not have to move and give to the clerk. in the summons they got 3 exhibits 1 the lease 2 a non complaince notice (with oppurtunity to cure) for loitering witch i never recieved and 3 the non compliance notice (without oppurtunity to cure) witch was the notice the courtesy officer handed me. how could i go about handling this. right now i cant afford to move or an attorney

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Asked on 8/11/13, 10:03 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Your actual lease agreement controls the non compliance issue if any. Seek legal advice with all your paperwork. You need to afford a one time consultation with an attorney or you are going to get evicted without exploring your rights. What is still confusing on this post is whether the garbage was removed? If so, then what is the current non compliance?

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Answered on 8/11/13, 10:18 am


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