Legal Question in Landlord & Tenant Law in Florida

My rights as a tenant

I am behind in my rent. I owe Septembers rent. On September 27 I tried to pay my rent and was notified that I must also pay a $400 attorney fee or they will not except my rent. It does not state anyway in my lease anything about an attorney fee. Is this legal. Can a landlord take to you to court for an evicition if you are not a month behind only two weeks.


Asked on 10/03/03, 10:48 am

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: My rights as a tenant

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: Flordia Statute 83.48 provides that "In any civil action brought to enforce the provisions of the rental agreement or this part, the party in whose favor a judgment or decree has been rendered may recover reasonable court costs, including attorney's fees, from the nonprevailing party." I recommend you send the Landlorda a certified letter including the payment. As to whether they may evict you for late payments, this will depend on the terms of your lease agreement. I recommend you contact a local attorney to help you, although it may not be worth hiring an attorney. Good luck.

Randall Gilbert

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Answered on 10/03/03, 12:03 pm


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