Florida Self Help Eviction

I am pro se and I'm currently suing for a self - help eviction in Florida.

Emergency injunction hearing was held, in which the landlord testified under oath that he did shut off my utilities. Also the utility company confirmed he order the utilities to be shut off at my place of residence.

He was ordered to turn my utilities back on.

Yes, but they were off a week.

Yes

I want * x's my rent and compensation for having to go to the hospital.

Injury from dehydration, Stress, Emotional Distress, and etc, related to the power being shut off for a week.

Doctor's notes and Diagnosis that states so, and Hospital Bill.

Aprox $*,*

$*.*, but the opposing counsel is saying I am only entitled to 3x's my portion of the rent.

The HAP contract states I can sue to enforce it and it rules over lease, therefore I should be entitled to 3x's the full monthly rent.

It's a 12 month contract the landlord signed, which also states if there is ever any conflict between the lease and the HAP contract, the HAP contract will rule.

The tenant shall have the right to enforce the tenancy addendum against the owner. If there is any conflict between the tenancy addendum and any other provisions of the lease, the language of the tenancy addendum shall control.

No calculations

$* x *

He did not give any basis. He states a lot of things with no basis.

Nothing

Nothing

The amount should include everything

I am seeking relief and I need help determining how much my suffering is worth.

Harassment, Emotional Distress, and any further and just relief the court deems...

He kept demanding payment when it was already settled in a case a few months prior that I did not owe him anything, he kept posting notices on my door and on the doors of my neighbors with intent of embarrassing me. Sent threatening text. Intentionally left the utilities off for a week after being ordered to turn them back on. The electric company explained it can take *-2 days to turn the electric on but it is usually turned on within the same day. And etc.

Filed it. Have not responded to affirmative defenses yet, but motioned for an extension of time.

*) I can't pierce the corporate veil - landlord is included on the lawsuit with the LLC even though the judge already denied this in his motion to dismiss, *) I'm not entitled to consequential damages - not included, *) I can only get my portion of the rent - Housing Assistant Payments (HAP), *) Utility Interruption - for maintenance (Perjury by Defendant because he has already given sworn testimony and both cases are being handled by the same judge), *) Failure to mitigate damage (no specificity), *) Offset by me owing rent (I do not owe it has already been determined in a case a few months prior with the same judge), *) repeat # * but for security deposit from * ( I do not owe), *)I can't prevail action moot because I vacated the property on the expiration of the lease on */*/* (I don't even understand what he is stating or what it suppose to mean - Tenants are suppose to give notice of vacating the property when the lease expires and then vacate at that time and that is what I did. I gave him a 60 day notice and then I gave him a 30 day notice stating so and then I vacated the property and sent the keys to his attorney with a return signature required.

Case law, HAP, Duces Tecum, Testimony, Rent Ledger, Lease, Receipts, ER Injunction, Emails, Notice To Vacate, USPS Delivery Notice

No

ORDER SETTING CASE MANAGEMENT CONFERENCE THIS CAUSE came before this Court and is hereby set for Case Management Conference. The matter shall be heard on October *, * at *:* am.

What should I expect?

It was set by the Judge, not me I did not request it.

Advise me on what key points or issues I should address.

All the above is acceptable with the main focus on compensation.

Advise me on the amount I should seek.

$* monthly rent and approx. $*,* Hospital Bill

You are being repetitive

No I need help

I need help

I have already answered that question

You have asked enough questions to determine how you can assist me. Therefore I would like for you to help me , advise me , do something other than continuous questioning.

Can you help?

ok

Do you have any referrals?

ok

Thank you, Good Day

I need a Pro Bono Attorney

The type that will handle everything we have been discussing for the last hour

I just did they specifically stated they do not have Pro Bono

You tell me who to contact for Pro Bono.

O**** what else do have just in case that does not work.

Legal Aid states they don't handle cases that are seeking compensation.

I need an affordable of Pro Bono Attorney

FreeLawChat I am FreeLawChat and I provide legal assistance to help you with your legal issue. What is your name? **** Nice to meet you, Kay. Could you please describe the legal issue you're facing I am pro se and I'm currently suing for a self - help eviction in Florida. In Florida, self-help evictions are illegal. Landlords must follow proper legal procedures. What evidence do you have to support your claim of a self-help eviction Emergency injunction hearing was held, in which the landlord testified under oath that he did shut off my utilities. Also the utility company confirmed he order the utilities to be shut off at my place of residence. In Florida, landlords cannot shut off utilities as a form of eviction. It's considered "retaliatory conduct" and is illegal. What was the outcome of the emergency injunction hearing He was ordered to turn my utilities back on. Have they been turned back on as per the court's order What is the current status of your utilities Yes, but they were off a week. In Florida, you may be entitled to compensation for any actual damages suffered as a result of the illegal eviction. Did you incur any damages or losses due to the utilities being off for a week Yes What were the damages or losses you incurred due to the utilities being off for a week I want * x's my rent and compensation for having to go to the hospital. What were the reasons for your hospital visit Injury from dehydration, Stress, Emotional Distress, and etc, related to the power being shut off for a week. What documentation or proof do you have from the hospital to support your claim of injury and distress Doctor's notes and Diagnosis that states so, and Hospital Bill. What is the total amount of your hospital bill Aprox $*,* What is the monthly rent you're seeking to be compensated for three times $*.*, but the opposing counsel is saying I am only entitled to 3x's my portion of the rent. In Florida, if a landlord illegally evicts a tenant, the tenant may be entitled to three times the actual damages or three months' rent, whichever is greater. What is your portion of the rent The HAP contract states I can sue to enforce it and it rules over lease, therefore I should be entitled to 3x's the full monthly rent. What is the HAP contract and how does it relate to your lease agreement It's a 12 month contract the landlord signed, which also states if there is ever any conflict between the lease and the HAP contract, the HAP contract will rule. What is the exact wording in the HAP contract regarding conflict resolution and compensation in case of breach The tenant shall have the right to enforce the tenancy addendum against the owner. If there is any conflict between the tenancy addendum and any other provisions of the lease, the language of the tenancy addendum shall control. What is the exact wording in the HAP contract regarding the calculation of damages in case of a breach by the landlord No calculations What is the total amount of rent you are seeking as compensation $* x * What is the basis for the opposing counsel's argument that you're only entitled to 3x your portion of the rent He did not give any basis. He states a lot of things with no basis. What does your lease agreement say about the division of rent Nothing What does the HAP contract say about the division of rent Nothing What is the total amount you are seeking in damages, including the hospital bill and rent compensation Harassment, Emotional Distress, and any further and just relief the court deems... The amount should include everything What is the total amount you are seeking for all damages, including rent compensation, hospital bills, and emotional distress I am seeking relief and I need help determining how much my suffering is worth. What specific actions did your landlord take that caused you emotional distress and harassment Sorry! Can you repeat your answer again He kept demanding payment when it was already settled in a case a few months prior that I did not owe him anything, he kept posting notices on my door and on the doors of my neighbors with intent of embarrassing me. Sent threatening text. Intentionally left the utilities off for a week after being ordered to turn them back on. The electric company explained it can take *-2 days to turn the electric on but it is usually turned on within the same day. And etc. What steps have you taken so far in your lawsuit against the landlord Filed it. Have not responded to affirmative defenses yet, but motioned for an extension of time. What are the affirmative defenses that the landlord has raised in his response to your lawsuit *) I can't pierce the corporate veil - landlord is included on the lawsuit with the LLC even though the judge already denied this in his motion to dismiss, *) I'm not entitled to consequential damages - not included, *) I can only get my portion of the rent - Housing Assistant Payments (HAP), *) Utility Interruption - for maintenance (Perjury by Defendant because he has already given sworn testimony and both cases are being handled by the same judge), *) Failure to mitigate damage (no specificity), *) Offset by me owing rent (I do not owe it has already been determined in a case a few months prior with the same judge), *) repeat # * but for security deposit from * ( I do not owe), *)I can't prevail action moot because I vacated the property on the expiration of the lease on */*/* (I don't even understand what he is stating or what it suppose to mean - Tenants are suppose to give notice of vacating the property when the lease expires and then vacate at that time and that is what I did. I gave him a 60 day notice and then I gave him a 30 day notice stating so and then I vacated the property and sent the keys to his attorney with a return signature required. In Florida, tenants can sue landlords for actual damages or 3 months' rent, whichever is greater, for illegal eviction. What evidence do you have to counter the landlord's affirmative defenses Case law, HAP, Duces Tecum, Testimony, Rent Ledger, Lease, Receipts, ER Injunction, Emails, Notice To Vacate, USPS Delivery Notice Have you been assigned a court date yet What is the status of your case now No What is the next step you plan to take in your lawsuit ORDER SETTING CASE MANAGEMENT CONFERENCE THIS CAUSE came before this Court and is hereby set for Case Management Conference. The matter shall be heard on October *, * at *:* am. What is your expectation from the upcoming Case Management Conference What should I expect? What are the main points you want to discuss during the Case Management Conference It was set by the Judge, not me I did not request it. What are the key points or issues you would like to address during the Case Management Conference Advise me on what key points or issues I should address. Are you primarily seeking financial compensation, an apology, or some other form of resolution What is your main goal for the lawsuit All the above is acceptable with the main focus on compensation. What is the total amount of compensation you are seeking for all damages including rent, hospital bills, emotional distress, and harassment Advise me on the amount I should seek. What is the total amount of your monthly rent and the total cost of your hospital bills $* monthly rent and approx. $*,* Hospital Bill What evidence do you have to support your claim for emotional distress and harassment You are being repetitive Apologies for the repetition. Have you consulted with a local attorney to help you calculate the damages for emotional distress and harassment No I need help In Florida, damages for emotional distress are often calculated based on the severity of your distress and its impact on your life. What steps have you taken to calculate your damages for emotional distress and harassment I need help What specific actions did your landlord take that caused you emotional distress and harassment I have already answered that question What is the current status of your health after the hospital visit You have asked enough questions to determine how you can assist me. Therefore I would like for you to help me , advise me , do something other than continuous questioning. Can you help? Based on the information you've provided, here are some general points: - In Florida, illegal eviction can result in the landlord paying the tenant three times the actual damages or three months' rent, whichever is greater. - Emotional distress damages are calculated based on the severity and impact on your life. - For your case management conference, prepare to discuss your evidence, counter the landlord's defenses, and present your damages calculation. For further assistance, consider consulting a local attorney. The nearest court to you in Florida is the Florida Supreme Court, * S Duval St, Tallahassee, FL *, USA, +* *-*-*. Lawyer.com offers free connections with expert lawyers. Call *-*-* for help. Is this response helpful to you?YesNo Based on the information you've provided, it seems you have a strong case. However, calculating damages for emotional distress can be complex. It's recommended to consult with a local attorney. In Florida, you can contact the Florida Bar Lawyer Referral Service at *-*-*-*. Lawyer.com offers free connections with expert lawyers. Call *-*-* for help. Is this response helpful to you?YesNo ok General Information: - In Florida, illegal eviction can lead to the landlord paying the tenant three times the actual damages or three months' rent, whichever is greater. - The nearest court to you is the Florida Supreme Court, * S Duval St, Tallahassee, FL *, USA, +* *-*-*. Have you considered seeking legal representation to help you navigate this process and potentially strengthen your case Do you have any referrals? Yes, you can contact the Florida Bar Lawyer Referral Service at *-*-*-* for legal representation referrals.

Richard

Landlord Harrasment

Kenmore, Washington