NAPLES, FL -
A Naples family could be out on the street, and they say it's all over a confederate flag.
Genice Horta has lived in the Timberwood of Naples community for two years. Last week she said her 15-year-old son - who is mentally disabled - put a confederate flag in his window. "He doesn't understand the controversy," says Horta. "Fourth of July, Independence, he believed he was celebrating independence."
She says the flag was up for an hour at most, but now her property managers, Moore Property Management, say she and her family need to go. "I tried to get an answer from her (association manager) and her answer was 'well last week you had a confederate flag up.'"
But on the letter of eviction, the company claims the family has been "notified numerous times regarding the breaking of the rules." Horta says she's only had two minor incidents, both during the first month she moved in. "I haven't received a letter since then."
We contacted the property management group, who had no comment. We also spoke with the president of the homeowners association, who would not comment except to say the board examined her lease, and believed past violations are enough to evict her.
"All I asked for was proof of these various issues and I couldn't get a straight answer." Horta just renewed her lease two weeks ago. Now she has less than 30 days to find a new home. "It's not like everyday somebody gets thrown out because you put up a flag. I believe I'm owed an explanation."
Horta has the right to apply for appeal, which would give her more time to fight for her home.
http://www.nbc-2.com/story/29497244/confederate-flag-prompts-eviction-naples-resident-says#.VZ83juuAbdn
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Let's assume that the family was evicted because the landlord does not like the Confederate flag. Does anyone have a problem with that?
Originally posted by MoneyManMikeThe people of this country are getting crazier all the time. It is things like this that makes me glad I am 71.
NAPLES, FL -
A Naples family could be out on the street, and they say it's all over a confederate flag.
Genice Horta has lived in the Timberwood of Naples community for two years. Last week she said her 15-year-old son - who is mentally disabled - put a confederate flag in his window. "He doesn't understand the controversy," says Horta. "Fourt ...[text shortened]... ause the landlord does not like the Confederate flag. Does anyone have a problem with that?[/b]
Originally posted by MoneyManMikeLease renewed two weeks ago.
NAPLES, FL -
A Naples family could be out on the street, and they say it's all over a confederate flag.
Genice Horta has lived in the Timberwood of Naples community for two years. Last week she said her 15-year-old son - who is mentally disabled - put a confederate flag in his window. "He doesn't understand the controversy," says Horta. "Fourt ...[text shortened]... ause the landlord does not like the Confederate flag. Does anyone have a problem with that?[/b]
I can see how (at a stretch) a sensitive landlord might see the display of that flag as a significant breach of the terms of a lease, but I can't see how that could result so easily in the termination of a lease, which is an important contract. I can imagine there might be financial incentives for a landlord to remove any tenant, depending on movements in the property market, but that is why one would expect tenants to have some protection and rights of their own.
What legal rights do Florida landlords have to evict without a court order? In the UK they can't.
I smell a spurious story here.
Originally posted by finneganThe landlord can present a notice of eviction and hope the tenant voluntarily leaves. But it can't be enforced legally without a court order.
Lease renewed two weeks ago.
I can see how (at a stretch) a sensitive landlord might see the display of that flag as a significant breach of the terms of a lease, but I can't see how that could result so easily in the termination of a lease, which is an important contract. I can imagine there might be financial incentives for a landlord to remove any t ...[text shortened]... rds have to evict without a court order? In the UK they can't.
I smell a spurious story here.
Originally posted by RJHindsAs I thought. In England the equivalent is a Notice to Quit and some tenants get the idea they have to comply, but in reality when the notice expires then the landlord has to commence court proceedings. It is just lazy (because it is pointless) to serve such a notice without first attempting to resolve problems and establish if there are sufficient grounds to proceed. I suspect we are not getting the full story here.
The landlord can present a notice of eviction and hope the tenant voluntarily leaves. But it can't be enforced legally without a court order.
Originally posted by finneganWe have many laws that don't seem to work too well here either. 50 states and thery make their own laws and the cities make their laws and some of them are obsolete and don't even make sense now.
As I thought. In England the equivalent is a Notice to Quit and some tenants get the idea they have to comply, but in reality when the notice expires then the landlord has to commence court proceedings. It is just lazy (because it is pointless) to serve such a notice without first attempting to resolve problems and establish if there are sufficient grounds to proceed. I suspect we are not getting the full story here.