Q: Was posted a "24-hour notice of eviction" prior to eviction action. Couldn't pay to play. Cause for separate action?
During mediation, property manager said to me that my estranged father (co-signer on lease, but not a tenant) had instructed her to post 24-hour notice of eviction for holdover and when that didn't work, to file an eviction lawsuit against the both of us (in an attempt to exploit my disabilities and leave me homeless).
24-hour notice of eviction had intended effect of inflicting emotional distress, fear of homelessness. Estranged father used the opportunity to petition ex-parte Baker Act on misleading testimony
Legal aid wouldn't represent me since estranged father financial worth is in the millions. Advised me to file motion to determine rent but not to deposit rent into registry since I risk losing my money and place to live.
During motion to determine rent, I appeared pro-se for determination of rent hearing and proved I was still under the lease, therefore did not owe double damages. Default entered for failure to deposit monies into court registry (was advised not to).
A: The only time you can defend an eviction action WITHOUT posting the rent amount to the court registry is when you are arguing (in writing) that the rent has already been paid in full (and you can prove it). That's in Fla. Statutes Section 83.60(2). Your description does not indicate whether that was your defense or not, so it's hard to tell from your description whether the Court took proper action. Regarding the default that was entered, you might be able to cure the situation by paying to the court registry whatever the amount was that the Court indicated was necessary and filing a motion to vacate the default. Regarding the "24-notice", actually, no notice at all is required prior to a landlord filing a case to evict a "holdover" tenant. If the landlord had some logical basis for asserting you were a holdover tenant (even if incorrect), there would be no legal action you could take against the landlord. If, however, the landlord FRAUDULENTLY claimed to the Court that you were a "holdover" tenant, and you were to PREVAIL, you could then turn around and sue the landlord for malicious prosecution, and possibly for intentional infliction of emotional distress - which would not be a great idea if you wish to remain at the premises.
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