Bias Landlord

[Kerri_L]

I am currently under eviction for Deliquent tenant. For three months prior to being served i had the Sherriff's office sent to my home due to my sticker for taxes not being in the window, had my car attempted to be towed for being in the street at 7:45pm when our prospetus lists allowed to park in the streets up to 1:30am, woke up by the security patrol at 2:40am after being served. I was going to be late on my payment so I answered the demand for rent request with a payment arrangement agreed by the manager to pay by the 25th but on the 23rd i paid the office they accepted payment that afternoon I was served. I have entered a motion to dismiss, entered the payment the office accepted & returned to me on the 26th to the clerk of court. I have also filed for a motion for discovery since I have several tenants who agree they pay by the end of the month & have shown me the copies of their payment stubs with receipts to back this up. I feel i have been discriminated or segregated since I have been in contact with the Department of Business Regulations regarding all the harrassment prior to being served. My question is they have scheduled a final hearing for the Plaintiff's and for my motion of discovery but none of the evidence has been supplied by the plaintiff to me. Should I file a motion to compel for discovery or should I subpoena duces tecum with dispostion for the tenants that are receiving favoritsm to prove my defense? I reside in Tampa Florida so you are aware of which laws this case falls under. Any help would be greatly appreciated. Thank you

 

[Michael Wechsler]

What is your defense? If you owed money and didn't pay it on time, then you've got no legitimate defense. The fact that the landlord may have allowed others some extra time to pay their rent doesn't leave you with a discrimination case. The bottom line is a judge will get even angrier, wondering why you're wasting the court's time when the only issue is whether you paid your rent on time.

 

[Kerri_L]

Oh I do agree this is a hard situation to prove. I have pulled previous proofs of claims for other tenants at the courthouse to back up my issue with discrimination, all other are 35 to 68 days overdue when i was literally 6 days. Maybe you can understand my view on this better. I had a Verbal agreement to pay the landlord by the 25th as well as three others that went into the office after me, i was the only one that was served. When you become a whistle blower this is what they call retalitory conduct. I was given a list of tenants through our home owners association that the manager has passed onto their corporate office of evictions they wish to proceed with. None of the ones who excuse the french "Kiss up" are being threatened at all. This is actually the fifth eviction that has been served against our family but this is the only one for deliquency. From my standpoint i have entered into the courthouse as well as the Department of Business regulations that under the fair housing act they cannot treat deliquent tentants differently it has to be across the board. I appreciate your helpful advice atleast i have another viewpoint to conteplate prior to my courtdate.