Number 9th Complaint of 2009 should be Number 1 of 2009

The Number 9^th highest complaint filed with the Florida Department of Agriculture and Consumer Services in 2009 was Landlord/tenant disputes. The landlord/Tenant issues continue to be in the top ten, this year with 1,523 complaints and yet the politicians refuse to do anything about bad landlords. 

I have been filing complaints with every government official in office for over two years now and they refuse to do anything at all.  One of them, my City of Miami Commissioner Joe Sanchez of District 3 was defeated as he ran for Mayor of the City of Miami because he did not listen to the people, me being one of them that fought to get him out of office. 

This year I will be working on getting out of office Florida Governor Charlie Crist, Florida Senator George LeMieux (Just in case he decides to run), Attorney General Bill McCollum, Miami-Dade County Mayor Carlos Alvarez, City of Miami City Manager Pedro Hernandez, District 107 Louis Garcia, District 36 Representative Alex Diaz De La Portilla, and more.  Every one of these people does not represent anyone except themselves and their political careers.  They all talk a good talk but when it comes to action it is at a standstill.

The main problem with the Landlord/Tenant Issues being number nine in complaints is that most people do not know where to file and usually by the time the tenant has a problem it is too late for the tenant and they do not file a complaint.  Even when you file a complaint with Florida Department of Agriculture and Consumer Services they do not have the power to do anything to help the tenants so most people will give up at that point.  The fact that the people that do file are helping to get the word across to the politicians that something needs to be done about bad landlords but there are not enough tenants filing complaints.  According to the list of politicians or their representatives that I am going to try to get removed from office has told me the Landlord/Tenant Issues are one of the most complaints that they receive, so why have they done nothing to improve the quality of life for the tenants?

If you have a problem with a landlord please report it to all of your representatives and to the Florida Department of Agriculture and Consumer Services.  Sure it will take time and most likely nothing can be done unless you take your case to court and that is not a sure thing even when the law is supposedly be on your side.  If you decide to go to court make sure you have an attorney or you will lose.  I know by experience.  The reports will eventually build up until they take notice.  Call your representatives and tell them they need to do something so bad landlords can be eliminated.  The more complaints that are given to the Florida Department of Agriculture and Consumer Services, the better for everyone.

The laws for most complaints are there for the tenant but have to be enforced by the tenant by taking the landlord to court and that costs money and plenty of that.  This needs to be changed.  The police, City, County, and State all have laws on Landlord/Tenant Issues but they do not work to enforce them and that needs to be stopped.  All of the elected officials that I have named to be removed from office have known about the Landlord/Tenant problems and expects the tenant to solve them and that is not their job, but the job of the State, County, and City officials and not the Tenant.

I am positive that if the tenants knew where and if they would take the time to file complaints about bad landlords that  the Number 9^th complaint of 2009 would have been Number One complaint of 2009 instead of “Unwanted Phone Sales Calls”.

The Laws for Landlord/Tenant Laws cannot be enforced by Tenants

The landlord/Tenants Laws Chapter 83 con only be enforced by tenants but the if the tenant takes the landlord ot court the judges rules against the tenants.  This procedure has got to stop.  If a person steals from a store the police will help arrest the person stealing from that store but if a landlord steals from the tenant, the tenant must enforce the laws by putting up thousands of dollars to get the laws enforced and then the judges rules against the tenant.

If you have read the Florida Statute Chapter 509.013 it clearly states that the word Division means  1)  ”Division” means the Division of Hotels and Restaurants of the Department of Business and Professional Regulation and Florida Statute 509.031 clearly states that the Division must inspect each and every apartment building each and every year mandatory.  These types of buildings are not inspected as required by law and the people that are in charge of this gets away without getting punished for not doing their job.  In the meantime, the people that depend on them doing their job are screwed and have to live with buts, rats, backup sewer lines, ceilings falling down and many more code violations.  It takes four or five months to get an inspection, if you get one at all, and by that time the landlord will evict you because you called and reported him/her.  Florida Statute Chapter 83.64 clearly states that if you file a complaint to the landlord or any government agency you cannot be evicted is a law that a tenant cannot enforce because the judges are for the landlords and will not enforce this statute for the tenant.

Call your representative and tell them that you want changes in the Florida Laws when it comes to Landlord/Tenant Laws.  Tell them that you want:

• The law to enforce the Landlord Tenant Laws Chapter 83 and not the tenant.
• Tell them that you want the laws written so everyone can read and interpret the laws.
• Tell them that you to be protected against bad landlords.

The House I am Renting is Being Foreclosed

What is a Foreclosure?

• If your landlord does not his mortgage, the mortgage company may file a foreclosure.
• A foreclosure is a lawsuit filed by the mortgage company when the landlord does not pay the mortgage.  In the foreclosure, the mortgage company asks the court to sell the property to pay off the mortgage.

I am only a tenant – Why am I being served?

If a foreclosure is filed against your landlord, as a tenant living in the property, you will usually be served with the foreclosure lawsuit.  Being served means either the Sheriff or a process server will hand you a copy of the lawsuit.

As a tenant, you are a party to the foreclosure lawsuit, but the foreclosure complaint will refer to you as the “unknown tenant” or “John/Jane Doe”.

What Should I Do If I Am Served with Notice of A Foreclosure Against My Landlord?

• Even though you do not own the property, you should file an Answer to the foreclosure.  For more information about how to do this, see LSGMI’s “How to File an Answer to a Lawsuit” brochure.  In the Answer explain that:
  • You live in the property
  • You rent the property.
  • If you have a lease, say this in your Answer.
  • State the date your lease expires.
  • Attach a copy of the lease to the Answer.
  • If you file an Answer, it will tell the judge and the mortgage company that a tenant is living in the property.
  • You will also be notified is any hearings are scheduled in the case.  If you do not file an Answer, you may not receive any notices about the foreclosure lawsuit, and you will not know what is happening in the case.
  • If the landlord did not pay the mortgage and you want to move out, you can send a letter to the landlord explaining that you are ending your rental agreement in 7 days because she did not pay the mortgage.
  • You may also have other claims against the landlord, but you should consult an attorney before you take any legal action.

What Should I do if My Landlord Tells Me She Plans to Stop The Foreclosure?

• If you receive a foreclosure complaint, you should contact your landlord to find out what she intends to do about the foreclosure.
• Sometimes, after a foreclosure is filed, the owner pays the mortgage company enough money to stop the foreclosure or files bankruptcy.  If the landlord does this, the foreclosure should be dismissed.
• Even if your landlord tells you that she will stop the foreclosure, you should still file an Answer in the foreclosure lawsuit.

What Should I Do If My Landlord Tells Me She Cannot Stop the Foreclosure?

• If your landlord tells you that they are not going to be able to stop the foreclosure, or if you cannot find your landlord, you should file an Answer in the foreclosure and begin looking for a new place to live.
• Legally, you must continue to pay rent to your landlord during the foreclosure process.
• If your landlord is not accepting your rent, you should save your rent in case an eviction case is filed against you.

What Happens If the Mortgage is Foreclosed?

• If your landlord does not stop the foreclosure, the court will enter a final judgment of foreclosure against the landlord.
• The court will schedule a foreclosure sale.  Once the property is sold at the foreclosure sale, there will be a new owner.

 

Can the New Owner Force Me to Move?

• On May 20, 2—9, President Obama signed the Protecting Tenant in Foreclosure Act.  This changed the law regarding tenants in foreclosure.  As with any new law, there are some questions about what the new law means.  This brochure is based on our reading of the new law and could change once judges rule on the new law.
• If your lease has expired or you don’t have a lease, the new owner must give you 90 days written Notice to Vacate.
• If you have a lease, the new owner must allow you to stay until the end of the lease before you can be evicted.  Even if you have a lease, the landlord can make you move sooner if the landlords to live in the property.  But, he must still give you 90 day Notice to Vacate.
• If the Notice to Vacate expires and you have not moved out, we believe the new owner must file an eviction to have you removed, just as any other landlord would do.
• Even though we interpret the new law to require the owner to file a separate eviction action, there are no decisions on this yet.  Therefore, the new owner may ask the foreclosure judge for a Writ of Possession without filing an eviction.  The Writ of Procession is an order telling the Sheriff to remove you and your belongings from the property.
• If you are still living in the property and the new owner schedules a hearing asking for a Writ of Procession, it is very important that you attend the hearing so you can tell the Judge that you are a tenant living in the property and the new owner must file an eviction case.

After the Property is Sold to A New Owner, Must I Pay Rent to the Old Landlord?

• After the property is sold at the foreclosure sale, you do not need to pay rent to the old landlord.
• After the foreclosure, under the Protecting Tenant in Foreclosure Act, the new owner steps into the role of the owner, so you will have to pay rent to the new owner.  It is very important that you as for proof of ownership.

What Should I DO If the New Owner Asks Me If I Want to Stay?

• Sometimes, the new owner will ask you if you want to keep living in the property.  If you cannot reach an agreement, the new owner cannot force you out by changing the locks or turning off the utilities.  Call the police if the new owner tries to force you out this way!  Also, see our brochure titled “What to Do if Your Landlord Locks You Out or Turns Off Your Utilities.
• You should ask for proof that he is the new owner before you pay him any rent.  This proof could be your previous landlord writing a letter to inform you of the new owner, you could check the Property Records at the County Clerk’s Office, or if you have serious doubts, you could call the police for advice.

 

(Note: In this packet there are two forms, (1) A Sample Answer Sheet, (2) Affidavit to Stay the Writ of Procession.  The Affidavit to Stay the Writ of Procession must be notarized.

 

 

 

 

Other Information That I will be Working On

• Writ of Procession
• What to Do if Your Landlord Locks You Out or Turns Off Your Utilities
• How to Answer Your Eviction Case
• What To Do If You Are Sued For Unpaid Rent
• Tenant’s Remedies For Violations by the Landlord

Do not Believe Landlord/Tenant Statutes

Judge Teretha Lundy Thomas

When you think the laws are correct then you have to get a judge to read them the way the law was not meant to be read.  All of the Landlord/Tenant laws have been thrown in the thrash when it comes to Teretha Lundy Thomas.  Florida Statute 83.51  Landlord’s obligation to maintain premises.  Florida Statute 83.51 is what the landlord is suppose to do to maintain their apartment building up Florida Building Codes.  They are required to exterminate the rats, mice, roaches, ants, wood-destroying organisms, and bedbugs.

I had asked the landlord to do just that and he did not do it.  We had rats, mice, bugs and he was turning the building into a firetrap. I complained to the code department and by the time we went to court I had five different c0de inspectors ready to testify on how bad the building located at 253 NE 34th Street was.  But that was not enough for Judge Teretha Lundy Thomas even if the Florida Laws say that the Landlord was not allowed to let the building go to waste.

This building like every apartment building in the State of Florida is to be inspected each and every year by  the Division of Hotels and Restaurants of the Department of Business and Professional Regulation according to the Florida Statute 509.032. Does this building look like it could pass an inspection?  This apartment where the windows are broken out had a the 215 Building Corp. (the owners) employee living there.  This apartment did not have electric, running water, and did have the ceiling falling down, wall falling apart, and the floor falling in.  All of this was good for this judge. 

The statutes also says that if you complaint to the landlord or any government agencies that you cannot be evicted.  Judge Teretha Lundy Thomas throws this law out too.  Florida Statute 83.64 clearly states:

  83.64  Retaliatory conduct.–

(1)  It is unlawful for a landlord to discriminatorily increase a tenant’s rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant. In order for the tenant to raise the defense of retaliatory conduct, the tenant must have acted in good faith. Examples of conduct for which the landlord may not retaliate include, but are not limited to, situations where:

(a)  The tenant has complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health code of a suspected violation applicable to the premises;

(b)  The tenant has organized, encouraged, or participated in a tenants’ organization;

The law also that the landlord must terminate the lease before an eviction can given and again this is a waste of good paper in the law books.

If you by any chance Judge Teretha Lundy Thomas you better as for another Judge because she is either getting paid off or she is so stupid and in either case she should be removed as a Judge.

Another Bad Judge, Shelley Kravitz

Florida Statute 83.49 (2) The landlord shall, within 30 days of receipt of advance rent or a security deposit, notify the tenant in writing of the manner in which the landlord is holding the advance rent or security deposit and the rate of interest, if any, which the tenant is to receive and the time of interest payments to the tenant. Such written notice shall:

(a) Be given in person or by mail to the tenant.

If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.

This is very clear but Judge Shelly Kravitz decides that this law is no good even if the Florida Supreme Court says it is.

I read the laws from Chapter 83 of the Florida Statutes and 83.49 was the reason that I file suit in Small Claims Court on June 6, 2008. I went to court on July 1, 2009 after a year and half waiting to get my Security Deposit money back from my old ex-landlord, The 215 Building Corp.
After a year in court that should have been settled 11 months earlier was not. This Judge made a decision not to give me my Security Deposit Money back and there are no other laws according to ten other attorneys. The attorneys that I talked to say that there is no way that a judge should ever make this type of decision.

Now the question is did Judge Shelly Kravitz get paid off or is she that stupid? In either case she should be removed as a judge.

Beg, Borrow, Steal Get an Attorney for Court

Beg, Borrow, or steal but whatever you do make sure you have an attorney if you need to go to court.  I went to Small Claims Court to get my money back from my old ex-landlord and lost even after the law and many attorneys that I have talked to stated that it was an open and shut case that the Florida Statute 83.49 clearly states if the landlord does not send you a letter stating that he/she is putting a claim on your Security Deposit money within thirty-days of vacating the premises that he/she loses all rights to the Security Deposit money.

83.49  Deposit money or advance rent; duty of landlord and tenant.–

(3)(a)  Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:

This is a notice of my intention to impose a claim for damages in the amount of _____ upon your security deposit, due to _____. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to  (landlord’s address) .

If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.

 

I went to Small Claims Court and lost my case and don’t know how.  The Judge Shelly Kavitz is either that stupid or she is getting paid off.  This woman should not be a judge in either case and should be removed from office.

More lies from Judges when it comes to Landlord/Tenant Laws

On July 1, 2009 I went to court to get my Security Deposit Money back from my ex-landlord.  I gave the Security Deposit Money back in 2004 and additional $200.00 more in June of 2006 because of an apartment change.  I moved out in October of 2007 and now it July 29, 2009 four weeks after we went to court and still have not heard a thing after being promised by Judge Shelly Kravitz that I would have an answer within one week. 

I got tired of waiting so I called her office on Monday and left a message for a return call which never happened.  Then I called on Tuesday and talked to her secretary and she told me that she would look for my case and call me on Tuesday afternoon and that didnot happen either.

If we did that to her she would have us put in jail.  She should be put in jail.

Guidelines for Security Deposit Charges

Chart: Cleaning and Repairs a Landlord Can Deduct From a Security Deposit

Landlords are permitted to deduct from security deposits for damage or excessive filth, but not for ordinary wear and tear.

Typically, landlords may charge tenants for any cleaning or repairs necessary to restore the rental unit to its condition at the beginning of the tenancy. Landlords may not, however, use the tenant’s security deposit to cover the costs of ordinary wear and tear. Here are examples of wear and tear versus damage or excessive filth:

Ordinary Wear and Tear: Landlord’s Responsibility	Damage or Excessive Filth: Tenant’s Responsibility
Curtains faded by the sun	Cigarette burns in curtains or carpets
Water-stained linoleum by shower	Broken tiles in bathroom
Minor marks on or nicks in wall	Large marks on or holes in wall
Dents in the wall where a door handle bumped it	Door off its hinges
Moderate dirt or spotting on carpet	Rips in carpet or urine stains from pets
A few small tack or nail holes in wall	Lots of picture holes or gouges in walls that require patching as well as repainting
A rug worn thin by normal use	Stains in rug caused by a leaking fish tank
Worn gaskets on refrigerator doors	Broken refrigerator shelf
Faded paint on bedroom wall	Water damage on wall from hanging plants
Dark patches of ingrained soil on hardwood floors that have lost their finish and have been worn down to bare wood	Water stains on wood floors and windowsills caused by windows being left open during rainstorms
Warped cabinet doors that won’t close	Sticky cabinets and interiors
Stains on old porcelain fixtures that have lost their protective coating	Grime-coated bathtub and toilet
Moderately dirty mini-blinds	Missing mini-blinds
Bathroom mirror beginning to “de-silver” (black spots)	Mirrors caked with lipstick and makeup
Clothes dryer that delivers cold air because the thermostat has given out	Dryer that won’t turn at all because it’s been over-loaded
Toilet flushes inadequately because mineral deposits have clogged the jets	Toilet won’t flush properly because it’s stopped up with a diaper

After 1 1/2 Years still waiting for my deposit

After a year and a half I am still waiting for my Security Deposit Money back according to Florida Statute 83.49.  On July 1, 2009 I went to court finally to get my Security Deposit which was required by law to be returned and was not. I left the apartment on October 15, 2007 and here it is July 15, 2009 and still have not heard a word from the judge’s decision in which she had promised me within a week.  This type of behavior happens way too many times with judges and with their help.

The Florida Statute 83.49 clearly states that:

  83.49  Deposit money or advance rent; duty of landlord and tenant.–(1)  Whenever money is deposited or advanced by a tenant on a rental agreement as security for performance of the rental agreement or as advance rent for other than the next immediate rental period, the landlord or the landlord’s agent shall either:

(a)  Hold the total amount of such money in a separate non-interest-bearing account in a Florida banking institution for the benefit of the tenant or tenants. The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord;

(b)  Hold the total amount of such money in a separate interest-bearing account in a Florida banking institution for the benefit of the tenant or tenants, in which case the tenant shall receive and collect interest in an amount of at least 75 percent of the annualized average interest rate payable on such account or interest at the rate of 5 percent per year, simple interest, whichever the landlord elects. The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord; or

(c)  Post a surety bond, executed by the landlord as principal and a surety company authorized and licensed to do business in the state as surety, with the clerk of the circuit court in the county in which the dwelling unit is located in the total amount of the security deposits and advance rent he or she holds on behalf of the tenants or $50,000, whichever is less. The bond shall be conditioned upon the faithful compliance of the landlord with the provisions of this section and shall run to the Governor for the benefit of any tenant injured by the landlord’s violation of the provisions of this section. In addition to posting the surety bond, the landlord shall pay to the tenant interest at the rate of 5 percent per year, simple interest. A landlord, or the landlord’s agent, engaged in the renting of dwelling units in five or more counties, who holds deposit moneys or advance rent and who is otherwise subject to the provisions of this section, may, in lieu of posting a surety bond in each county, elect to post a surety bond in the form and manner provided in this paragraph with the office of the Secretary of State. The bond shall be in the total amount of the security deposit or advance rent held on behalf of tenants or in the amount of $250,000, whichever is less. The bond shall be conditioned upon the faithful compliance of the landlord with the provisions of this section and shall run to the Governor for the benefit of any tenant injured by the landlord’s violation of this section. In addition to posting a surety bond, the landlord shall pay to the tenant interest on the security deposit or advance rent held on behalf of that tenant at the rate of 5 percent per year simple interest.

(2)  The landlord shall, within 30 days of receipt of advance rent or a security deposit, notify the tenant in writing of the manner in which the landlord is holding the advance rent or security deposit and the rate of interest, if any, which the tenant is to receive and the time of interest payments to the tenant. Such written notice shall:

(a)  Be given in person or by mail to the tenant.

(b)  State the name and address of the depository where the advance rent or security deposit is being held, whether the advance rent or security deposit is being held in a separate account for the benefit of the tenant or is commingled with other funds of the landlord, and, if commingled, whether such funds are deposited in an interest-bearing account in a Florida banking institution.

(c)  Include a copy of the provisions of subsection (3).

Subsequent to providing such notice, if the landlord changes the manner or location in which he or she is holding the advance rent or security deposit, he or she shall notify the tenant within 30 days of the change according to the provisions herein set forth. This subsection does not apply to any landlord who rents fewer than five individual dwelling units. Failure to provide this notice shall not be a defense to the payment of rent when due.

(3)(a)  Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:

This is a notice of my intention to impose a claim for damages in the amount of _____ upon your security deposit, due to _____. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to  (landlord’s address) .

If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.

the tenant must receive his/her Security Deposit Money back within fifteen days or a written notice within thirty days stating that the landlord is retaining all or some of the Security Deposit Money and neither happened. 

The best advice I can give to anyone wanting their Security Deposit Money back is to take pictures when you move in and take pictures when you move out.  The law sounds good but the judges do not uphold the laws as they are written without an attorney.  Always make sure that you get a receipt at the time you give  them any money or do not give them money until they give you a receipt.

Make sure you hire an attorney because the judges do not like people that do not have an attorney and in most cases you will get screwed.

Small Claims Court cost about three hundred dollars and the attorneys that I talked to want $1,000.00 and above.

Deposit Money

Now the 30-day limit begins when you move out.  Was the letter dated on the 20^th or was the date on the actual “Certified Mail” stub dated the 20^th of the month.  If the letter was dated the 20^th of the month and it was not given to the post office until after the 30 days was up, then the landlord is required to give you back all of your security deposit money.

If the mail was mailed before the thirty days was up then it would probably be up to a judge to decide because of the third party which is it US Post Office.  In this case you will need to talk to an attorney.  You will need to find out who is at fault, the landlord or the Post Office.

 The Landlord has to have the letter in the mail before the end of the 30^th day after you move out.

 

If you have any more questions feel free to contact me again.  I hope this will help you.  Good luck

 

Ronald Norman