31 Monday Dec 2012
Posted in Uncategorized
The WordPress.com stats helper monkeys prepared a 2012 annual report for this blog.
Here’s an excerpt:
4,329 films were submitted to the 2012 Cannes Film Festival. This blog had 54,000 views in 2012. If each view were a film, this blog would power 12 Film Festivals
19 Wednesday Dec 2012
Posted in Landlord - Tenant, Repair issues
In a case of rodent infestation, the court ruled that where the landlord had made a reasonable effort to exterminate, but was unsuccessful , the tenant was not entitled to withhold the rent. 
Landlord has a contract with Truly Nolen to provide pest control to tenant once a month.
On July 2, 2002 tenant purchased mouse traps for $29.99 and an extermination contract with Orkin for $505.00. On July 5, 2002, tenant paid $588.26 of $750.00 rent, unilaterally deducting $161.74.
On July 11, 2002, tenant notified landlord for the first time of rodent infestation. Landlord sends out Truly Nolan two times.
August 5, 2002, tenant pays August rent in full and requests Landlord clean hallways.
August 6, 2002, landlord cleans hallways and patches suspected mouse hole in tenants wall with foam sealer.
August 8 or 9, 2002 Landlord offers to pay $250 for a cleaning service of tenant’s choice.
August 19, 2002, tenant serves landlord with a 7 day notice to clean up mouse droppings and repair or clean other items. Landlord claimed to have said they responded to the 7-day notice by replacing foam sealer with wire mesh and plaster, and performing other cleanings/repairs. Tenant said this never happened. Landlord offered tenant another apartment. Tenant refused.
September 12, 2002 landlord serves tenant a 3 day notice to pay rent. Tenant pays no rent for September, October and November, 2002.
Tenant has Orkin out August 15 and September 19, 2002 to exterminate.
All attempts to exterminate mice have failed. Tenant remains in possession.
The court rules that tenant was not justified in withholding rent pursuant to her 7 day notice because §83.52(2) F.S. requires only that landlord “has a duty only to provide “reasonable provisions” for the extermination of rodents. The statute does not require the landlord to insure that no infestation shall occur.” The court also stated “nowhere do the Florida Landlord Tenant Statutes permit a reduction or withholding of rent, unless the tenant is required to vacate the premises for extermination of the premises (not to exceed a 4 -7 day period, as the case may be), in which case the landlord must abate the rent.”
The court awrded Landlord a judgment for all of the delinquent rent.
14 Friday Dec 2012
Posted in Landlord - Tenant
Tags
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12 Wednesday Dec 2012
Posted in Landlord - Tenant, Legal requirements
A roommate cannot sue her fellow roommates for unlawful eviction.
Plaintiff shared an apartment with two other roommates, defendants. The lease was signed by the father of one of the defendants and by the landlord. The father then signed a sublease with the parents of the other two roommates. In the middle of the tenancy the three roommates had a falling out and the two defendants demanded that Plaintiff move out. Defendants then locked the Plaintiff out of the apartment. After the police and a locksmith arrived, Plaintiff was only able to retrieve her personal possessions and her bed, but not other items of furniture and kitchenware that Plaintiff had paid for.
Plaintiff sued her room mates for the cost of the items which they refused to return to her, rent paid for the month in which she was locked out, for the return of her portion of the security deposit and for unlawful eviction.
The court ruled that the three roommates did not have a landlord – tenant relationship with each other. Therefore Plaintiff could not sue Defendants for unlawful eviction under §8.367(6), which applies only to landlords.
Regarding the security deposit, the court ruled that the security deposit was in the possession of the landlord, not the room mates. Thus Plaintiff could not recover it from the defendants.
The court did award Plaintiff $649.47 for the property kept by the defendants plus $295 court costs as the prevailing party.
BETANCES, v. MANGUAL, County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 0707312 SP 05 (06). May 7, 2008, 15 Fla. L. Weekly Supp. 832a
06 Thursday Dec 2012
Posted in Landlord - Tenant, Legal requirements
On July 24, 2012, Defendant, through his attorney, filed his motion to dismiss an eviction alleging this Court lacks jurisdiction over this particular eviction because the complaint fails to state a cause of action.
On July 30, 2012, Plaintiff filed a response to Defendant’s motion to dismiss and on August 8, 2012, Plaintiff filed a motion for default.
At the hearing on August 8, 2012, Plaintiff appeared along with his daughter. Plaintiff’s daughter represented to the Court she received a Juris Doctor and sat for the Florida Bar exam, however on the day of the hearing she was not a member of the Florida Bar. Plaintiff’s daughter admitted she drafted the response to Defendant’s motion to dismiss and the motion for default. She also admitted she forged her father’s signature on the aforementioned pleading and motion.
The court struck the response the the motion for default from the record in the above-captioned cause of action.
STANFORD vs. BOUNDS. County Court, 9th Judicial Circuit in and for Orange County, Civil Division. Case No. 2012-CC-009548-O, Division 72. August 21, 2012. Wilfredo Martinez, Judge. 19 Fla. L. Weekly Supp. 1102a
