My landlord has hired a management company to manage the property in Orlando just this past month. My original lease is up in Aug and they stated it is not going to be renewed. I recently got married and my husband was helping out with the bills since I had lost my job and only have unemployment coming in. Well, long story short, the marriage is not working and my husband has since moved out of the house. Since I am unable to pay the rent myself I was served a 3 day notice from the management company for non payment of rent and my daughter was served at the door by a sheriff deputy with a 5 day notice this past week in my absence. Not that I want to stay at the house for free, I just need until the end of the month to collect enough money to move.
My questions are:
Is it possible that the court will allow the landlord just keep my deposit in lieu of me paying the rent for this past month if I leave the property virtually spotless?
Can I file a response to the 5 day notice because:the 3 day notice was taped to my door on Saturday, July 3rd. and the date states it was posted on July 4th (which was a holiday and a Sunday this year) Also, the landlord name that says I owe the rent to is totally incorrect. The PM company is the one who issued the 3 day notice and I’m guessing that they have a fill in the blank form and just overlooked changing the landlord name from a previous notice to a different tenant all together. But, somewhere along the line, they must have realized the error because the 3 day notice attached to the 5 day notice from the court had been corrected as to the landlord names, but not the correct date actually delivered. I was never given a corrected 3 day notice. The only one I have is the one with the incorrect landlord name and of course the date delivered.
Shouldn’t I have received a certified copy in the mail of the 5 day notice since the deputy gave it originally to my daughter who did not sign the lease? I did receive a copy addressed to me though regular mail.
All I am concerned with is having until the end of the month to be able to move. If I file some sort of answer with the above discrepancies listed this next week (the 5 days are up on Thurs) is it enough to get the eviction process thrown out of court for now to buy me a little extra time? I know that they will have to refile the paperwork again, but by the time they start the process over again, I will be out of the house.
Thanks!