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Unright ful eviction


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#1 traeki1

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Posted 14 February 2013 - 06:54 AM

I was living in an apartment but I didn't pay the last month's rent. That month the lease ended. I did not sign the lease renewal process and they started the eviction process on me. I would ultimately like to place a commercial lien on this apartment complex because of this. Does anyone know the process I should take to do so?

#2 Guest_FindLaw_Amir_*

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Posted 14 February 2013 - 07:26 AM

Why would you like to place such a lien? What state is this concerning?

#3 LegalwriterOne

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Posted 14 February 2013 - 08:36 AM

You didn't pay the rent and they're evicting you...what makes you think that's unlawful or that it gives you any cause of action?

#4 traeki1

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Posted 14 February 2013 - 08:43 AM

Florida. And if you would read carefully I clearly put they were charging me to stay there after the lease ended when I didn't sign a new lease!

#5 LegalwriterOne

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Posted 14 February 2013 - 08:55 AM

When you don't enter into a new written lease agreement, your tenancy converts to month-to-month. You still have to pay rent.

#6 pg1067

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Posted 14 February 2013 - 09:57 AM

Florida. And if you would read carefully I clearly put they were charging me to stay there after the lease ended when I didn't sign a new lease!


Actually, your original post (which is quoted below in its entirety) says nothing of the sort.


I was living in an apartment but I didn't pay the last month's rent. That month the lease ended. I did not sign the lease renewal process and they started the eviction process on me. I would ultimately like to place a commercial lien on this apartment complex because of this. Does anyone know the process I should take to do so?


Sorry, but the notion that you might have any entitlement to a lien against your landlord's property because you didn't pay your last month's rent and got evicted (i.e., "because of this") is downright silly.

#7 Tax_Counsel

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Posted 14 February 2013 - 12:51 PM

Florida. And if you would read carefully I clearly put they were charging me to stay there after the lease ended when I didn't sign a new lease!


In every state, once a residential lease term ends, the lease becomes a periodic tenancy if the tenant doesn’t leave at the end of the lease term. Where the rent is paid monthly, that means the lease becomes a month-to-month lease. If you want to stay there (and assuming the landlord is willing to let you stay), you must pay the monthly rent on time. The fact that you didn’t pay the rent and didn't move out and the end of the lease term made you a holdover tenant, subject to immediate eviction proceedings. You had no right to stay there rent free when the lease ended, which I think you know. You won’t get a judgment for this, nor a lien on the property, based on the facts you’ve given. Indeed, in my state the claim you outlined would be considered frivolous, subjecting YOU to possible sanctions.

#8 traeki1

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Posted 14 February 2013 - 06:32 PM

Thnx for your timely responses!




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