Lee County Clerk of Courts Complaint

Unlawful Eviction

- Cape Coral Florida
I live in a privately owned home, paying rent with a 2 year lease. I still have 18 months left on that lease. My landlord has decided that they made a mistake in renting this home and want to move back into it. I was late with Jan rent and serviced a "three day notice". I paid the rent on the third day of the three day notice. My landlords Jeff and Shelley Stewart filed for an eviction on the third day of the three day notice. Held on to my rent for 10 days and decided to mail it back to me. I retained Eve McClurg, Esq. with Lusk, Drasites, Tolisano and Smith, P. A. She explained that the law was not followed when proceeding with this Unlawful eviction and took my case. She filed an emergency motion and sent Judge Frank Mann Jr. letter stating all the Florida statutes that were not followed. Seeking an eviction before the expiration of the three day notice, seeking an eviction after the rent had been paid in full, Representing to the court that payment had not been paid to the registry after they had been paid dircectly, failing to accept the rent after posting a three day notice and Committing perjury. With this all side the Judge refused to look at the our case and tomorrow morning Feb 3 2011 7am My family and I will be thrown out in the street. All because one "NEW" Judge doen't know the law. Anything you can do to help get this word out would be wonderful. This is why our country has so many homeless people, because Judges don't care or know their job. Doesn't our court system have and obligation to the public? Isn't it wrong to throw people out on the street for NO reason?

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