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Old 11-29-2010, 12:13 PM
screwedinseminole screwedinseminole is offline
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Join Date: Nov 2010
Location: Florida
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Question illegal eviction tactic?

I told my apartment complex that there is no lock on their community pool the management company never was out to show me apt, etc, had lock box code when viewing, so just figured they didn’t know. I gave them notice again 7 days later that it was very dangerous; I have a 2-year-old and several families live here, and let them know it was against the law and needed to be fixed a child’s life could be at stake. I am a nursing student; saving life is what I am in the profession to do. Now, I have been here 6 weeks the last repair on the apartment was just made today, 4th trip to fix my freezer. The day I moved in, the dishwasher was clogged from previous tenant and leaking all over kitchen floor; this was on a Friday and they didn’t send someone to fix this until the following Monday. The fridge/freezer didn’t work upon move-in either. I have had several repairs made, several appointments with several repairmen in my apartment, etc. I have a dog, always had a dog. I have had several things wrong, nothing major, but consistently from October 8, 2010, until today November 29, 2010. I told them how serious this was; my 2-year-old ran ahead of babysitter and ran right into pool area; and I explained I would take extreme measures if they did not fix it the community pool gate (there is a doorknob at 38” with no lock nor latch to the pool, located in the middle of the complex). Finally, after 10 days of them not fixing the gate to the pool, I called the county and made a complaint last week. And I must mention, this morning, before this seven day non-compliance with opportunity to cure was placed on my door they, told me management was breaking my lease, and if I wasn’t happy, I needed to move. I told them my moving wasn’t going to fix the gate on the pool and that I didn’t want to move, but I told them if they wanted to break the lease, I needed 60 days notice and my deposit back; I already moved in the middle of the semester and have 2 children, cannot afford to move at the drop of a hat. Today, when I got home from school, I got a seven day notice of non-compliance with opportunity to cure. Again, I have been here a month and a half and just now they are telling me I need a pet deposit for a dog. Then, when I was at school they hung this on my door. Aren’t they using an illegal eviction tactic? First I complain about fridge/freezer/water heater/water leaks/lock on my back door, which as I said they have just finished fixing all this stuff today; then I complain about unlocked/unlatched pool twice (and they have had repairman, who have seen pets for 6 weeks, in and out); then they tell me they want to break the lease; then I ask for 60 days notice and my deposit; and same day get a seven day notice of non-compliance with opportunity to cure. They are asking for pet deposit and pet application fee. It seems they are using illegal eviction tactics. Do I write an answer to this seven day non-compliance notice? Is this legal? Seminole, FL
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Old 11-30-2010, 05:06 PM
moderator moderator is offline
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It depends on what your lease says about pets. If it requires a pet deposit, then you need to pay it. What does your lease say? Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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