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Carol Lynne Zimmerly

Carol Zimmerly’s Answers

2,413 total

  • Eviction notice!!

    I received and eviction notice. i spoke to the office manager previously and I explained there was a problem with my checks at work and that I would pay them when it was resolved I told her it would be by the next pay period which was yesterday. I...

    Carol’s Answer

    Your had the right to resolve the problem within the time frame stated on the Pay or Quit Notice. (usually three business days)

    Once that deadline passed, your tenancy is over officially. Then, it is up to the landlord to either file a lawsuit for your removal (eviction lawsuit) or to reinstate your tenancy by accepting rent after the deadline.

    Now that your landlord has filed the lawsuit, it will be a part of the Court Record.
    You should pay the money into the Court Registry and make a response. i highly recommend that you hire an attorney for representation. Good luck!

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  • Can I voluntary move out before an eviction is completed so it won't be an eviction on my credit?

    Landlord has filed an eviction and I have 2 days left to respond to the court. I owe one month rent that is past due. I am willing to move all my things out and still pay what I owe over time

    Carol’s Answer

    Any time an eviction lawsuit is filed, it will stay in the public records forever. It will also show up in the credit report if there is a money damages judgment.

    You can try to do a stipulation with the landlord and file it with the Court. Get a consultation with a local landlord-tenant attorney and have the attorney try that option. Be ready to pay the past due rent, clean the premises, and turn over possession. Good luck!

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  • Can a landlord break a signed lease (application approved, deposit/rent paid, furniture moved) bc now see something with past?

    Past criminal history due to youth drug addiction. Completely over. Work for a church now. They ran a background check during application and I expected the worse. Said I was approved. Signed lease, paid deposit and first month. Gave notice ...

    Carol’s Answer

    It depends on the wording of the application, the lease agreement, and any other document you may have signed. Many landlords reserve the right to void the entire lease due to withheld information or incorrect information provided by the tenant at the application phase.

    If you are unsure, make an appointment with a local attorney for consultation and representation.

    You can request a signed copy of the lease now. You should also request a copy of the signed application if you don't already have one. Good luck!

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  • If I have been served with an eviction summons and have the 5 days to respond and I PAY the rent does that cancel the eviction?

    If the eviction is for unpaid rent, and I pay the rent within the 5 day period does that cancel the eviction, or does it still like go on your credit ? thanks

    Carol’s Answer

    The law says that the Tenant has until the end of the three business days stated on the Pay or Quit Notice (aka three day notice) to either pay the rent or quit the premises (quit meaning give the keys back and surrender possession). If you did not do either of those things, then the tenancy is officially over. The landlord can decide to keep you as a tenant if he/she chooses. The landlord can also choose to file an eviction lawsuit. Once the eviction lawsuit has begun, the parties can negotiate a settlement. One negotiation might be for the landlord to dismiss the lawsuit and continue renting to the tenant.

    The eviction lawsuit won't be canceled because you pay the rent into the court registry. The lawsuit will proceed. Paying the rent in to the registry and filing a document to answer the complaint will allow you to try to present your defenses.

    The eviction lawsuit will stay in the public records forever. If the landlord gets a judgment for money damages, that will also show up on a credit report if the landlord sends a certified copy to the collection agencies. Even if you negotiate a settlement that allows you to stay in the premises as a tenant, the eviction lawsuit will remain on the record. That is why it is important to pay within the time frame of the Pay or Quit Notice or to surrender possession and turn in keys before the Comply-By Date stated on the Pay or Quit Notice.

    If you are unsure, contact a local attorney for a consultation and representation. Good luck!

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  • Tenant living last month in house efficiency,not planning to moved out until evicted! When can I post the 3 days notice on door?

    Do I have to wait after the 31st of August or I can posted three days before the 31st?

    Carol’s Answer

    The following applies when a tenant is behind on rent and living in the premises with the landlord's permission:

    You may post a Pay or Quit Notice the day after it is due, unless you have given them a grace period in writing or as a matter of practice. If you post it, you should also send a copy by certified mail as a courtesy copy. Better to try to hand it to the tenant individually.

    However, the "last month" in your question makes me believe that the tenant is coming to the end of the lease term and plans to stay there without your permission. Is that the case? Is there a written lease? Is it over on August 31st? Is there an automatic renewal clause in the lease? Does it call for a notice to be delivered 30 days before the lease ends to advise of non-renewal?

    Please make an appointment with a local attorney, as we cannot answer without more details. We are limited in what advice we can offer online. It would be great if you could get a book on Florida Landlords from your local bookstore. Make sure it is published within the last twelve months, and replace it every twelve months as the law changes. Also, there are some landlord groups out there who have meetings and forums to help, so investigate joining one of them. Good luck!

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  • I recently got a 72 hour eviction notice from my aunt in Florida is it legal if it's just signed by the home owner?

    it was just signed by her and was served to me by her it that legally binding? I feel like it should have to be signed by a notary? Or is this legal in Florida.

    Carol’s Answer

    It sounds as if you received a Pay or Quit Notice from the owner, not an eviction notice.
    Yes, an owner of real property can send a notice to the tenant without the approval of the Court.
    Yes, it is legal.

    A Notary Public does not have to witness and seal the signer's signature for this kind of document.

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  • In an eviction must I name people in the complaint who are not named on the lease and have them served with a separate summons?

    I am trying to get an estimate of what an eviction for non payment of rent will cost me. The lease has one name on it. I know his girlfriend is in the apartment as well. Do I have to name the girlfriend in the complaint and have a separate summons...

    Carol’s Answer

    If the girlfriend is a house guest, then you do not have to involve her at all.

    If the girlfriend is a tenant, then you have to name her.

    Did you agree to rent to her? Or did Tenant # 1 just say she is living there?

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  • How do I evict a squatter camped on our lawn?

    I have a woman that has put a trailer on our side lawn and is camping there. She said that she was there on the invitation of my father who is the homeowner. My father is now in assisted living. He says he did not tell her she could stay there. W...

    Carol’s Answer

    I agree with the other answers, except that it is "Unlawful Detainer" and can be found in the Florida Statutes, Chapter 82.

    You may try consulting with a local real property lawyer or landlord/tenant attorney. Good luck!

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  • Hi I want to help a friend out with a living arrangement, but I've been burned before with a squatter situation.

    My old squatter situation was so bad that I had to endure emotional abuse almost everyday and the police could do nothing until I finally got an eviction notice to remove the person. I want to help my friend, but I want to avoid going through a si...

    Carol’s Answer

    There is no way to allow someone to live at your residence and then have them removed without a writ of possession after filing a removal action (eviction, ejectment, unlawful detainer).

    The best thing to do is to decline to help or pay for a week at a residence hotel for them to help them get back on their feet.

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  • Does a 30 day notice on a month-to-month lease apply?

    My landlords and I had a month-to-month lease which states, "this agreement will continue on a month-to-month basis until terminated by one or the other party with 30 days notice." Last month, my landlord told me they want to sell the house, and w...

    Carol’s Answer

    If your written Lease agreement calls for 30 days' notice and the Landlord gave you written notice that the tenancy would be terminated at the end of August, that is valid.

    You cannot end your tenancy 30 days from now by giving written notice, it is always the full calendar month, not pro-rated. Your giving notice now is effective for the end of August, since that is the end of a calendar month and more than thirty days after you are giving notice.

    The landlord is entitled to the full rent for the months of July and August, whether he knows it or not. Unless: you have an early termination / liquidated damages clause. Also, unless you Landlord elects a different option under 83.595.

    If you are unsure, make an appointment with a local landlord/tenant attorney so you can have your written Lease agreement reviewed. Good luck!

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