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  • Recieved an Eviction Summons: unjustly delivered

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    Hello,
    I recieved an eviction summons with no prior notice for the two months that they claimed that I did not pay rent. I paid 4 months rent, recieved a receipt, and the check was cashed 8 days after receiving the check. Two months later without any warning or contact, I have recieved a summons from the clerk of courts.
    How should I proceed?
    FYI This is an apartment complex. I always pay 3-4 months in advance.
    Thank you!
    Jason
    State: Florida
  • No.1 | | 77 bytes | |

    What did the management say when you showed them a copy of the cleared check?
  • No.2 | | 492 bytes | |

    Quote:
    Originally Posted by ZignerView Post
    What did the management say when you showed them a copy of the cleared check?
    Show up when the court tells you to and show the court the cleared check.
  • No.3 | | 890 bytes | |

    What doesn't make a whole lot of sense is that I received no prior notice that they were missing any funds and the fact that every time I have went into the office to pay, I have paid 4 months in advance. Why didn't they make any effort to contact me previous to an eviction notice.

    I am away for the weekend so the only information I had was that a man came to the door with this notice, handed it to him and said to give it to me.

    The apartment is a 4/4 with a lessee for each room.

    Edit: The eviction notice claims that I am being Sued by the Appt Comlex. Does this give me any grounds for a counter lawsuit? I think being such a responsible tenant taking care of rent months in advance would have given them a heads-up that maybe there was an issue and could have contacted me. Instead, they said nothing and sent me an eviction notice with intent to sue.
  • No.4 | | 192 bytes | |

    Did you sign a lease with the others for this one apartment? If so doesn't matter what you paid..you are each jointly and severally liable if rent is not paid in FULL for the entire UNIT.
  • No.5 | | 991 bytes | |

    Quote:
    Originally Posted by gearshifter47View Post
    Edit: The eviction notice claims that I am being Sued by the Appt Comlex. Does this give me any grounds for a counter lawsuit? I think being such a responsible tenant taking care of rent months in advance would have given them a heads-up that maybe there was an issue and could have contacted me. Instead, they said nothing and sent me an eviction notice with intent to sue.
    You can't counter-sue because they didn't contact you first. You didn't fulfill your end of the bargain, and the agreement you have with them outlines how they may enforce the agreement. (that is from their viewpoint.)

    CA LL makes a good point...
  • No.6 | | 66 bytes | |

    they are separate leases. Each room has their own lease agreement.
  • No.7 | | 505 bytes | |

    Quote:
    Originally Posted by gearshifter47View Post
    they are separate leases. Each room has their own lease agreement.
    Then your copy of the cleared check from the bank shown at court should settle everything.

Re: Recieved an Eviction Summons: unjustly delivered


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