Landlord has six rental units all occupied and none have written leases. I am behind one month, and landlord refuses to accept agreement to pay up thus she wants us out end of month. The first, last and security are paid, so do I have right to not pay this last months rent?
CHARITY G
Favorite Answer
She probably wouldn't accept it even if you did . . . under Florida law, even a partial payment negates an eviction for thirty days . . . so she probably does NOT want you to pay. She will most likely sue you for the back rent post eviction . . . under Florida law she can only claim damages to the apartment outside of security deposit and the amount of time the unit was vacant under the terms of your lease . . . for instance, if you had three months left on your lease . . . and from the time you moved out until the time a new tenant moved in was 30 days . . . then you would only be liable for the 30 days of vacancy plus rental arrears . . . however, the full balance of the lease can be reported on your credit report . . .
However, if you move out without the landlord having to go through the legal process of "eviction . . ." you can negotiate this to your advantage . . . tell her you will willingly move by such and such a date . . . leave the unit in good condition . . . offer to paint or something above the normal . ..in exchange for not reporting this to credit agencies and releasing you from your debt or part of your debt . . . if she's a smart cookie she'll go for it . . .
The Scorpion
Well, ethically and normally it is required legally that you pay for any time you are living there. But if you don't have a written lease, this landlord is going to have a very difficult time with any judge in court. You should just pay and get out of there, and don't live someplace where it isn't a legitimate living arrangement. Without a lease you have no recourse, for example, to get your deposits back. It would be the case that you can not pay the last month since you paid that upfront, but you also have to pay for the one month you are behind.
?
The landlady grew to become into incorrect to try this, because of the fact she has to have a valid reason to evict your aunt. it appears that evidently that the landlady is somewhat wacko, considering you have been under no criminal accountability to do something with the dogs.