Cape Coral man evict disabled sister from Port Charlotte home
Posted in the Port Charlotte Forum
#1 Mar 1, 2012
Robert Laquintano of Cape Coral, a retired Registered Nurse, evicted his disabled sister, yesterday, in Charlotte County Court. Judge Alessandroni, seeing that the woman was disabled and could barely answer any questions did not allow the woman's daughter to assist her handing her exhibits. The disabled woman was unable, because of her condition to call the daughter as a witness. The woman lived for eight years in their mother's condo while the mother was in a nursing home. Under Florida law a person can keep their home while Florida (the taxpayers of Florida)pays for long term nursing care. Laquintano knew that his mother would never be able to return to her home, which he stood to inherit. He had his sister live there to pay the maintenance costs. The mother died the end of 2010 and Laquintano was granted Summary Administration and ownership of the condo in February 2011. He told his sister, at the memorial, in April 2011, in the presence of witness that she could live there until she had someplace to move to. The sister has been on waiting list for low income housing since last February and was told at the time the waiting list was approximately 14 months. In January Laquintano served his sister with eviction as a holdover tenant. Since that time the woman's daughter has been frantically searching for help in Charlotte County for legal assistance and housing and was able to find neither. The daughter who lives in Pennsylvania, left her home and came to Florida to help her mother, also a senior citizen, who has been disabled over twenty years and can not drive. Friends of the woman don't understand why he evicted her when housing should be available for her in the next few months and she could have stayed there until the condo was sold. Under condominium regulations Laquintano can't rent the condo to any tenant for five years but the woman could have stayed there. The daughter said that Laquintano is an evil heartless man who will have to live with making his disabled elderly sister homeless for the rest of his life.
Today, Judge Alessandroni denied an emergency motion to stay the eviction.
The Sheriff's Office served the writ today and she has until "midnight 3/2" per the actual notice. Per FL state statute 83.62 tenants have 24 hours not counting the day of service.
#2 Mar 6, 2012
There must be more to this situation if the judge sided the the brother. Was the sister meeting her agreement to pay the fees, was she in contact with her brother is she could not meet her obligations, was she letting know any status updates on the process. But really none of that matters my heart goes out tot the sister whose daughter is not stepping up the plate and caring for her disabled mother. Maybe that is where the effort should of been placed.
#3 Mar 6, 2012
The eviction was legal but the Judge could have given her more time by granting the stay and he also could have let her daughter help her with the exhibits and the daughter could have testified. They had evidence that Laquintano served notice to vacate on 12/28/11 for December 31st and the "lease" was not her signature. They didn't expect to win and only were trying to buy time until April or May when the apt she's been on the list for since last Feb came open. After Laquintano showed the Administrative Order, a few weeks ago, that showed the condo belonged to him alone they knew it was only a matter of time until the eviction.
The woman was evicted as a "hold over tenant". Laquintano produced a lease that the woman didn't sign and the signature looked like her signature years ago when she was younger. That really didn't matter because since she didn't sign a lease that would make her month to month anyway and she still would have been evicted it would only have been an issue of more time before it happened.
The woman paid the fees to the condo since she moved in years ago. Last year Laquintano told her she should split it with him and pay it to him rather than the condo from then on. She thought it was 1/2 hers and that made sense.
When he served her with eviction for hold over tenancy he doubled the fee and she paid that to his lawyer.
The daughter came to help her and find out what happened to the grandmother's estate and why hadn't the brother sent her any probate papers.
The daughter can't take care of a disabled person and the disabled mother did get services but the social worker couldn't find her low income housing on short notice; all are wait listed.
The daughter doesn't live in Florida and just came down because there was no one else to help her mother. She was going to stay and help the mother move into Charlotte Towers and stayed with the mother until the eviction.
Laquintano had told his disabled sister she could stay until she got into Charlotte Towers. The woman had also applied at other places.
Had the mother left the condo to both of her children, as she had told her disabled daughter she would have had the money to go someplace until an apt came available. She did't mind the brother selling it.
One can only wonder how Laquintano got his mother to leave everything to him. The mother had money that belonged to the disabled daughter in a joint bank account so it's possible the mother didn't think the disabled daughter was competent to handle money. Did the brother tell the mother he'd take care of his sister? No on will ever know now that the mother is de
What is the big rush that he couldn't let her stay another few months and pay as she had been doing?
Condo rules prevent him from renting it for five years (you can bet I'll turn him in to the Board should he try). He doesn't want to live there and if anyone has noticed condos can sit on the market a good long time in Charlotte County these days.
I'd like to know what was his motive to get her out now? What difference would two or three months make to him? The daughter sent a letter from Charlotte Towers that stated the expected wait time. Anyone can call Presbyterian Homes there(owns the Towers)and ask what the waiting list is now (16 months on the Towers if you apply today).
#4 Mar 11, 2012
I agree that the daughter should have stepped up to the plate and helped care for her mother until housing could be arranged, instead of just blaming the uncle. Sounds like jealousy is an issue.
#5 Mar 11, 2012
Many people including the daughter stepped up to the plate. There are other children who didn't do that...why not attack the other family members that were No help at all, including the ones that have lived in the state of Florida for many decades.
#6 Mar 11, 2012
Maybe you should contact the other children that didn't step up to the plate at all and stop blaming one person. Or the other family members that live in the state of Florida for many many decades that just instigated trouble between the brother and sister!
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