30 day notice –hardship claim I am currently in a lease that is up on Feb…

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30 day notice –hardship claim
I am currently in a lease that is up on Feb 28,02 with an agreement to go month to month with a 30 day notice. My landlord just gave me the 30 day notice on 31 Jan. I am building a house and due to some unexpected road blocks the house won’t be done until mid-May 02. My husband is in the military and is currently deployed. Do I have any protection/hardship claims under the soilders and sailors relief act?

3 thoughts on “30 day notice –hardship claim I am currently in a lease that is up on Feb…”

  1. Re: 30 day notice –hardship claim
    If your husband is a party to the lease, then you should be able to delay any eviction. Contact a lawyer or have your husband contact JAG so that your interests will be protected. Let your landlord know the situation and he/she should understand that fighting you will only cause needless expense and may end up costing the landlord a delay in receipt of rent if the court allows you to pay rent into the registry of the court, with a set-off for any fees and costs you may incur in defending yourself from any eviction action filed after the landlord is made aware of your husband’s military status.

    Peter Gonzalez
    Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP
    2333 Ponce De Leon Blvd., Suite 302
    Coral Gables, FL 33134

  2. Re: 30 day notice –hardship claim
    If the rent is paid, the act will stay eviction proceedings. I suggest you seek private counsel or the assistance from the JAG.

    Alexander M. Rosenfeld
    Rosenfeld & Stein, P.A.
    11900 Biscayne Boulevard
    Miami, FL 33181

  3. Re: 30 day notice –hardship claim
    Assuming that your husband is on the lease as well, then he has the rights conferred under the Act. In order to evict you forcibly, your landlord must file an action in county court. Have your husband contact his command JAG and have them prepare a motion to file with thecourt asking for a stay of proceedings…they’ll know what to do. However,as a final action before your landlord gets to the courthouse, tell him that you intend to seek this relief and he could be tied up without rent for some months…I suspect that after he confirms that your’re serious and entitled to the “stay of proceedings”,he’ll be inclined to work with you. Show him this message. JMC

    Joel Cohen
    Joel M. Cohen,P.A.
    238 East Intendencia Street
    Pensacola, FL 32501

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