Legal Question in Real Estate Law in Florida
My lease is up...
My lease is up July 16th, I misunderstood that i needed to give them 30 says notice prior if im not renewing the lease. I assumed that if i did'nt send them the renewal that they would assume im not. Today i went to pay the pro rated amount for up to the 16th and they popped the ''you didn't give us 30 days notice'' they say they need it in writing. I told these people 2 months ago i was leaving and when they brought my renewal form to my house 2 weeks ago the lady asked if i was renewing and i said NO. So i told them twice ''verbally'' i know it's not in writing or what ever, but they wanna charge me with month to month prices that adds 500$!$!$!$ extra on top of my normal rent wich is alo going up 75$. I told the lady today, the fact is is that i already planned to move, and have paid someone alse already, and no matter what i DONT have the money, i cant afford to give them anything extra. she said it will go 2 collections, which i told her its still a waste i already have F'd up credit as it is, it really wouldnt hurt me anymore. she said i needed to wait and talk to the manager but shes sure that im screwed. If it were to go to like say small claims court would i really have any chance? fact is regardless of court i have 0 dollars
2 Answers from Attorneys
Re: My lease is up...
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No. The personal representative of an estate is responsible to administer the decedent's estate and to pay claims from the assets of the estate and not from his or her individual assets. You will have no personal liability unless you do something improper.
It all depends on what the lease says. You need to review it carefully and see if the notice requirement is stated therein. Generally, a landlord will have a tenant initial this clause to show that he or she was specifically aware of the requirement. If it is not in the lease, you may be successful.
Scott R. Jay, Esq.
Re: My lease is up...
Mr. Jay is correct; the lease will determine your chances. If the least doesn't require written notice, then you can certainly argue that you gave them notice. But if the lease does require written notice, they can avoid your verbal notice because I'm sure they hear that all the time and then the tenant changes their mind.
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