Miami, FL asked in Landlord - Tenant for Florida

Q: Could I be evicted with no lease agreement

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My boyfriend has been living at this rental property for 3 years now. I moved in with him last year in May. He has been paying $350 in rent every month. He has text message receipts or texts stating that’ he paid and a couple paper receipts that were written to him. We notified the landlord we would be moving out in April of 2020 due to me getting pregnant and our apartment being upstairs. He paid the rent for March and he had paid First Month last month and deposit when he moved in so April would have been our last month. Due to the coronavirus we were laid off and not able to move and due to a new baby we had no extra money but we have only been here not even a full extra month yet. She filed for an eviction against the Both of us on April 21 stating that we damaged property and failed to pay $1000 which we have no idea how that was calculated. I am concerned because I have a newborn and she is being really spiteful !

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2 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: Of course you can, although eviction may not be the appropriate remedy to get you out. You had 5 days to answer the allegations of the eviction complaint, so there may be a default against you and your boyfriend. I suggest that you contact a lawyer, perhaps Legal Aid, immediately, as in tomorrow, to see if you can get some legal representation. I can tell you that the fact that you have a newborn is not a defense to the eviction.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Landlord Tenant Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: If you are still living in the apartment get out as soon as possible. Then spend whatever money you have fin ding a new apartment suitable for raising your baby.

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