Tim
Valparaiso,#2Consumer Comment
Tue, November 23, 2004
While you could probably bring a lawsuit, the questions of whether you would win that lawsuit, and whether a victory would benefit you at all, are hard to answer. If these acts were committed with a malicious intent, i.e. to purposely arouse negative emotions or subject you to potential victimization via check fraud, you may be entitled to a monetary judgment. This could be mighty hard to prove, however. If what they did to you was a deviation from normal practice, or if the management should have known that this was a deviation from legally accepted procedures, you might have a good case for intentional misconduct. If, on the other hand, these acts were committed out of mere negligence (negligent failure to adhere to proper legal procedures), you would probably have to prove actual monetary loss (i.e. somebody actually used the posted info and drained your account). All that aside, I'm not sure that what they did (per the posting of your notice and check) was illegal, or that it would be considered an invasion of privacy. Posting notices on apartment doors is a fairly common practice. Also, you may not have a sufficient "expectation of privacy" in your checking account info to support this charge, as countless people are privy to this information through the normal course of business. However, posting a non-NSF check for the world to see may be sufficiently egregious to warrant punishment. What probably IS illegal, however, is giving a threat of eviction that only allows for a three-day move out period. Generally speaking, a landlord must give a period of notice equal to the duration of a billing cycle. In other words, if you pay your rent on a monthly basis, they would have to give you at least a month to move out (from the time that notice is given, not from the time that you were eligible for eviction). So then, do I think they did things wrong, and that you should be able to receive compensation? Yes. Would "the law" agree with you and I? It's doubtful, but by no means impossible. What would I do? Well, as long as no harm has been done other than to your senses of pride and privacy, I probably wouldn't seek a civil lawsuit. Don't let me dissuade you, however. I don't know enough about the laws of Florida to say conclusively that you do not have a case. Only an attorney licensed in your state can do that. I would file grievances with any appropriate bodies, such as the governmental body that governs lanlord-tenant relationships, the senior management or ownership of your complex, a tenant's association if one exists, etc. Best of luck!