Gunby v. Caldwell

No. 96-928EV (Putnam County Ct., Fla., Feb. 18, 1997). ; Clearinghouse Number: 51553

Description

Landlord Enjoined from Evicting Tenants for Nonpayment of Repairs Not Done

Abstract

The court has permanently enjoined plaintiff landlord from filing evictions against tenants for debts not owed at the time of filing. Landlord, claiming nonpayment of repairs to tenant’s premises, sought to evict tenant. Plaintiff had sought payment of the repairs in advance, and no work had been done at the time of tenant’s eviction. Since no work had been done and therefore no debt was owed, the district court denied the eviction. Defendant counterclaimed that plaintiff regularly filed evictions against his tenants for failure to pay debts for repairs when no debts were owed. Agreeing to the stipulation of the parties, the court dismissed defendant’s counterclaim. The court ordered that the parties bear their own costs and refrained from making any award for damages.

Additional Information

Attorney Information
Defendant represented by Mitchell S. Ritchie, Central Florida Legal Services, 216 S. 6th St., Palatka, FL 32177.
Docket Date
1997-02-18 00:00:00+00:00