Legal Question in Landlord & Tenant Law in Florida
i moved to florida in june from michigan and then into a house in riviera beach through a realtor whose friend owns the house. i paid 4300 on july 15th and payment again for prorated amount on august 1st. a week before the 1st i told the landlord about the ants and repairs he said ok along with that i said i can no longer work outside due to heat so i took another job inside but i now get paid once the month on the 2nd wednesday and can i pay him on those date he said thats fine on august 4th i get a 3 day notice for nonpayment of rent at 10pm on my door. so i texted him thought maybe he forgot said that when he said ok it meant that i can switch job and get paid whenever long has he has his rent on the 1st. i was charged 100.00 late fee even though on the lease it was blank and said that if left blank the fee is 4% of rent. said he dont care not his fault realtor left out. still wanted 100.00 fee then the notice said 1450.00 when it was suppose to be 725 then he is the property manager but on the notice it said paige. he is not a man of his word repairs are not done still nor did he keep is verbal committment. said he dont have to i signed a lease for the 1st
3 Answers from Attorneys
There's no such thing as a verbal anything when you are dealing with a written contract. The only thing that matters is what's on the written lease. You MUST pay the rent on the 1st of each month. If you think you don't owe the landlord rent for a particular period of time because you think he broke his side of the lease, you MUST pay the full amount of the rent on or before the due date to the Clerk of the Court. That way when the case goes before the judge, you will be able to have your side heard. If you don't pay the Clerk, you will probably lose. But you'd better have a darned good reason for not paying the Landlord the rent, and from what I see, you do not have a good reason. Make sure you figure out a way to pay the rent in full by the due date every month or you are going to be evicted.
Huh? you have a written contract and that is what controls the relationship with the landlord. you have to meet the obligations outlined in that document. if there were repairs, etc that needed to be made that should have been in the written agreement. I would suggest you work it out with the landlord.;
Not sure I understand. Who is your landlord? Is the realtor holding himself as the agent and if so, did he state the rent to you?4% certainly does control, you are not responsible for the failure of his agent to properly disclose. That would be my case before the judge.
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