Landlord charged with serving fake eviction notice

by Chip Parker, Esq.

April 29, 2008

Inevitably, in this economy, people cannot pay debts they owe, including their monthly rent. Failure to pay rent results in the legal removal of the tenant by the landlord in a process known as eviction. However, when that legal process becomes too inconvenient, a landlord might just try to fake it.

As reported in the Florida Times-Union, an employee of a Jacksonville apartment complex was arrested and charged with serving a fake eviction notice on one of her tenants. If I had to guess, I would say this was not the first time she had done so.

Are you being evicted in Florida? I found an excellent summary of the steps involved in a Florida eviction at Rental Housing On Line. Compare what is happening to you with what Florida law requires.

According to Florida Statute Section 83.60, you have the right to assert defenses to the eviction, such as material non-compliance or retaliatory conduct. A landlord’s prohibitive conduct is governed by Florida Statute Section 83.67.

Will a bankruptcy stop an eviction? As thoroughly explained by Steven Otto, Esquire on Bankruptcy Law Network, tenants are provided far less bankruptcy protection since the laws changed in 2005.

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Chip Parker is the managing partner of Parker & DuFresne, P.A., where he represents Northeast Florida businesses and consumers facing bankruptcy, and homeowners facing foreclosure. His firm files more homeowners in the Mortgage Modification Mediation Program than any other law firm in Northeast Florida. Parker is the recipient of Jacksonville Area Legal Aid's prestigious Award for Outstanding Pro Bono Service. Mr. Parker is an active member of the National Association of Consumer Bankruptcy Attorneys and National Association of Consumer Advocates.

Last modified: October 22, 2012