Legal Question in Landlord & Tenant Law in Florida

After carering for my mother for 3 yrs until her death in 2009, I was able to find only part time employment. I live in an apartment complex and was having a hard time making ends meet. I was able to make payment arrangements with management to pay weekly. I finally was eligible for Social Security payments in May of 2011. I brought the paperwork that indicated that I was to recieve payments the 2nd Wed of each month. The management office verbally agreed that I could pay rent on the rent on that date. Now I have been informed that they will no longer accept "late payments" and I must pay on the 1st or leave. Since they have government papers stating when I will recieve my monthly payments, do they have to honor it? I really need just a few months to get back on my feet but I feel they are being unreasonable.


Asked on 9/27/11, 5:58 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

The key word here is they "verbally" agreed. Unfortunately, without this in writing it would cost you more to prosecute that to just find another place to live. However, what I might would suggest to you if you wish to challenge, because verbal agreements are enforceable if can be performed within one year. You could let them file the eviction papers, file your answer and appear for the court hearing. Tell the judge what occurred and that you will leave within six months from the date of the hearing. This will satisfy your requirement of performance of a verbal agreement within one year and knowing the Judge, he may sanction the landlord for bring a frivolous lawsuit and award you expenses for having to appear. God Bless and Good Luck.

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Answered on 9/27/11, 6:10 am


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