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Tenant rights in Florida?
I had just full-filled my one year lease when I lost my job. It was the 4th day of the month when my employer called and told me that I was getting laid off, the lease called for 30 day notice if your moving out. I called my landlord to let them know that I had just been laid off and that I wouldn't be able to live there any longer. Before I could even finish they were telling me that I had to give a 30 day notice. I told them I understood, but I had no control of getting laid off and was at out of the lease and paying month to month. My landlord continued to say that they needed a 30 day notice and that I would have to stay there another month and they also bumped the rent up from $895 because I was no longer on a lease. In my head I am thinking what part of I am no longer employed the landlord didn't understand? How could they possibly ask me to stay another month?! The landlord really starting to get confrontational. Even after I tried my very best to find a solution to the problem. So to avoid problems I quickly ended the conversation and hung up. I moved out by the end of the week. Long story short I just got a bill in the mail for $3084.73 When I called the collecting company they gave me a break down of the bill. The collecting company said that I owe an early termination fee, an eviction fee of $500 and change, cleaning fee which I would agree to pay and of course the month I still owe. There are other fees on there, but I don't have a copy of the bill and I don't remember the other fees. I tried everything possible to try and defuse the situation and avoid the unecessary legal action,but my landlord wouldn't have it. I also came across a website that allows tenants to post reviews of apartment and I happen tot find my apartments on there. I also found reviews were other tenants call my landlord by name and say how difficult they are to deal with. I just would like to know what my options are? I am willing to pay for my one months rent that I owe even tho I moved out the first week of the month and cleaning fee, but not the $3084.73! For an eviction notice I never got and early termination fee when I was out of a lease and god knows what else they added on there. If I go to court can I use those reviews I found online as proof that my landlord is just a hard person to deal with? I don't think its fair that they are screwing my over becasue I was honest and told them what was going on. Any help or information on what rights I have would glaldy be appreciated. I am already looking into getting an attourney.
3 Answers
- Nuff SedLv 71 decade agoFavorite Answer
You were not completely "clean" on your departure, but you are clearly being jerked around by a landlord who needs to learn some manners.
He cannot "raise the rent" without a 30-day notice if you can't leave without a 30-day notice. "Oh, you're leaving in 21 days? Then the rent is now $50,000 a month." Would that seem fair? No, and that's why it's illegal. They are trying to change the contract, and it is NOT enforceable until you agree to it by staying for another 30-day period after they notify you of the increase.
You don't owe any "early termination fee" or "eviction fee" if you were not evicted. You don't owe a "cleaning fee" unless you agreed to pay it when you moved in, or if you left a mess. Ordinary cleanup is the landlords' job, not yours.
At the very most, you would owe for one month's rent for the month starting after you gave notice, but even then the landlord has the burden of proving they tried to rent it as soon as you gave them notice. You don't mention what happened to your "security" or "damage" deposit, but they may have to be returned to you immediately, if the landlord did not follow the required procedures to "earn" the right to keep them.
Do not pay them a dime until you have spoken to an attorney about your options for bringing your own charges against the landlord for fraud, unfair and deceptive business practices, breach of the lease, etc.
It should not cost you much in attorney fees to get a very good idea of what to do next. Someone may even do it on contingency, figuring the court will order this doofus landlord to pay your court costs and attorney fees as part of his penalty for being stupid.
- Michael HLv 71 decade ago
I hate to say it, but you don't have a leg to stand on.
You left without the required 30 day notice, you violated the terms of the lease, even though you were physically not in the apartment, they still had to file an eviction to be able to release the apartment.
You DID terminate early, you didn't give the proper notice nor stay through the required notice, that's early termination.
Him being a jerk has nothing to do with you not holding up your end of the lease agreement.
Source(s): In regards to the answer below me: He cannot "raise the rent" without a 30-day notice if you can't leave without a 30-day notice. He can raise the rent if the lease ends and the tenant goes to a month to month lease, I am willing to bet that there is a paragraph in the lease regarding JUST that. THAT"S the reason the rent increased. You don't owe any "early termination fee" or "eviction fee" if you were not evicted. You don't owe a "cleaning fee" unless you agreed to pay it when you moved in, or if you left a mess. Yes, you can be charged and early termination fee, and he CAN in fact be charged the eviction costs, he may have moved out, but if the landlord just 'assumes' that the tenant has left, and re rents the apartment, just to have the tenant come back, that leaves the landlord in a legal quandry. The eviction protects the landlord. Charging a cleaning fee is not only legal, but customary. - blomstrandLv 44 years ago
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