IN THE COUNTY COURT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

CIVIL DIVISION

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Plaintiff,	*

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v.	*

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Defendant.	*

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CASE NO.	2011 - LT

UCN:	11 - CC - 0

DIVISION	" "

DEFENDANT'S MOTION TO DISMISS

FOR FAILURE TO STATE CAUSE OF ACTION

AND

MOTION TO DETERMINE RENT

MOTION TO DISMISS

Defendant, pursuant to Fla. R. Civ. P. 1.140(b)(6), hereby moves to dismiss the Complaint herein for failure to state a cause of action and would show as follows:

1.	The Plaintiff's statutory action for possession of the subject property based on termination of a residential tenancy brought pursuant to F. S. Chapter 83 cannot be commenced until the Plaintiff has complied with all conditions precedent required by the statute. Orlando Sports Stadium, Inc. v. Sentinel Star Co., 316 So. 2d 607 (Fla. 4th DCA 1975).

2.	Notice requirements for evictions from public housing are set forth in § 83.56, Fla. Stat.

3.	The Notice demands payment of money other than rent in violation of F. S. Section 83.56(3) and applicable federal law.

4.	The Plaintiff's notice failed to legally terminate the Defendant's rental agreement and as a result, the Plaintiff's complaint fails to state a cause of action for eviction under § 83.59(1), Fla. Stat. Investment Realty, Inc. v. Bentley, 480 So. 2d 219, 220 (Fla. 5th DCA 1985).

5.	The dismissal of the Complaint herein should be without leave to amend because the Plaintiff did not have a valid cause of action on the facts existing at the time this action was filed. Rolling Oaks Homeowners Assn. v. Dade County, 492 So.2d 686 (Fla. 3rd DCA 1986); Hassam Realty Corporation v. Dade County, 1788 So.2d 747 Fla. 3rd DCA 1965); Orlando Sports Stadium Inc. v. Sentinel Star Co., 316 So.2d 607 (Fla. 4th DCA 1975). See also, Snider v, Wanamaker , 466 So.2d 372 (Fla. 1st DCA 1985); Bondo v. Guruch , 473 So.2d 1307 (Fla. 3rd DCA 1984).

WHEREFORE, the Defendant respectfully prays that the Court dismiss the Complaint herein with prejudice and for all other relief the Defendant proves herself entitled to.

DEFENDANT'S MOTION TO DETERMINE RENT

Defendant, pursuant to § 83.60(2), Fla. Stat., hereby moves to determine the amount of rent money to be paid into the Court Registry and alleges:

1.	The Defendant was erroneously advised by the Plaintiff that her money order rental payment for rent due through April, 2001, had "bounced" and in May, 2001, Defendant was wrongfully charged for $106.77 in rent and a $15.00 "returned check" charge, per the attached statement.

2.	In June, 2001, Plaintiff refused the Defendant's rent payment and refused all rent payments thereafter from Defendant.

3.	In July, 2001, Plaintiff sent Defendant a notice, attached hereto, demanding that Defendant pay illegal and erroneous charges other than rent. Said charges are without legal authority because Plaintiff failed to give Defendant written notice or the opportunity for an informal hearing prior to the imposition of such charges as is required by applicable federal law and regulations.

4.	Defendant herewith deposits with this Court $80.00, representing the rent due to Plaintiff for June, 2001, through and including June, 2002, at the rate of $6.00 per month.

WHEREFORE, Defendant respectfully prays that the Court will determine the amount of money Defendant must pay into the Court Registry and for all other relief to which Defendant proves herself entitled.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I have furnished a copy of the foregoing by U.S. Mail this 28 November 2011 to:

ATTORNEY

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