Siblings Battle Over Fate of Home Eviction

Posted on by djht

An Attempted Home Eviction Became Deadly

“According to Clearwater Fire Rescue, firefighters responded to a home at 1506 Meadow Dale Drive just after 3:30 a.m.

When firefighters arrived, the roof of the home was engulfed in flames. The roof later collapsed. 

On the same day the house burned down, its’ current resident, Shannon Gillespie, 45, was in court for an emergency hearing to get her out. Shannon is the daughter that Daniel Gillespie tried to evict from the house shortly before his death.

Shannon’s siblings previously received a court order to sell the house. The closing was, in fact, scheduled for Friday.

During today’s hearing, Daniel Kortenhaus, an attorney for Shannon’s siblings, said they believe Shannon started the fire.

“The house at 1506 Meadow Dale Drive was burned to the ground last night and speculation on our side, of course, is that the defendant may or was probably culpable,” said Kortenhaus.

Today’s hearing marked the latest episode in a 16-month court battle over the house between Shannon and her relatives. The four Gillespie children inherited the home following their father’s death.”

Source:  Bay News 9
Read Full Article:  https://www.baynews9.com/fl/tampa/news/2020/01/29/flames-sweep-through-clearwater-home-overnight

Why Three Day Notice to Tenant?

Posted on by djht
Why a three day notice when tenants do not pay?

“The tenants have not paid in two months, why does the landlord now need to give the tenants a THREE DAY NOTICE?”

This is a complaint that I regularly hear from landlords that have bent over backward to work with tenants that have financial problems.

 

There are two reasons:

First, the court system wants to give tenants every chance that it can.  It does not matter it the tenant is a year behind in the payment of the rent.   If a residential landlord wants to terminate a tenancy for non-payment, the court will still require the landlord to provide a pre-suit notice, known as a THREE DAY NOTICE.

Second, the law requires it.  Florida Statute 83.56 says that before filing a suit for possession based on non-payment of rent, the landlord must first deliver a THREE DAY NOTICE to the tenant, also known as a pre-suit notice.  The law says that the landlord must always give the tenant the opportunity fix the problem that tenant has created, before the landlord files a suit for possession under Florida’s Landlord-Tenant Act.

The lesson here is to not allow your tenants to get two months behind in the payment of rent.

 

Let Pinellas County Eviction Lawyer, Daniel Kortenhaus help you with collecting unpaid rent as a Residential or Commercial Landlord – contact today!