Legal Question in Landlord & Tenant Law in Florida
I broke my lease on the apartment i was renting. The lease says you must pay 1 and 1/2 months rent to break the lease. When I went to pay the amount the girl in the rental office told me I only owed the prorated amount for the first 10 days of June. Now I received a letter after they deposited the original check for $452 and are stating I owe them the amount of the whole month and the half on July as stated in the lease. I thought that once they deposited the check for $452 this means they except that as final payment. Please advise
2 Answers from Attorneys
The law requires that an agreement be amended in the way in which it is executed. In short, unless you have what the rental office told you in writing, you still owe what is outlined in the contract. Difficult to prove accord and satisfaction on a verbal comment vs. a written agreement.
I always advise my clients to put on check "in full and final payment".
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