On June 28, 2011 Plaintiff’s property manager, RESTREPO, filed an eviction* on behalf of the property owner. The property manager filed two affidavits with the court containing the property owner’s signature: one, authorizing the manager to file the eviction, and the second was the military status affidavit establishing that the tenants were not active duty military.
The tenant’s attorney noted that something seemed “off” about the affidavits.
The court found that the Affidavits submitted by Mr. Restrepo contained original
notary stamps of photocopied signatures of the Plaintiff. This Court finds the Plaintiff’s signatures on (1.) the Owner’s Authorization for Property Manager to Bring an Eviction Action and (2.) the Affidavit of Non-Military Service were not genuine original signatures of the Plaintiff. This Court finds the Plaintiff’s signatures on the Affidavits submitted to this Court by Mr. Restrepo were photocopied from the Rental Agreement, cut out, and then pasted on the aforementioned Affidavits.
In response to the finding of forged affidavits, the court dismissed the complaint for eviction and granted a judgment for the tenant’s attorney’s fees in the amount of $1,375.00 against the property manager personally.
* HENAO, vs. HAMER, County Court, 9th Judicial Circuit in and for Orange County, Civil Division. Case No. 2011-CC-009555-O, Division 72. August 16, 2011. 18 Fla. L. Weekly Supp. 1191b