Legal Question in Real Estate Law in Florida

Ok so basically my landlord never gave me a 15 day notice of me having to vacate the property or terminate the lease. He emailed me with a 6-day notice saying I needed to be out. My parents are real estate people and told me this was not legal. What ended up happening was that my landlord and I agreed to have him pay me $975 dollars in exchange of having me leave the property immediately when he needed. This agreement benefited him because he was then able to sell the property. He gave one check to me for $195, and the other amount of $780 to an apartment complex for in order for myself to have a place to live and not be homeless. Unfortunately I was denied housing at that apartment complex and they sent the checks directly back to him. Now he is refusing my calls and he is threatening that if I keep calling him or if I go to his office there will be legal consequences. Please help me!! I hope he can't do this because I am now a homeless college student. We signed an agreement that these were the terms on how I would terminate the lease, so did my guarantor which is my mother. My assumption is the lease is not over since he did not keep up his end. This all occurred in the state of Florida.


Asked on 10/30/12, 10:36 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

You need to seek legal help to review the paperwork and see what the consequences of his breach really are. It sounds like you have an action for damages for the money he did not pay. It is unlikely that the entire agreement is voided and that you go back to the lease since you entered into a novation of the original contract and you both have partially executed that change. Unfortunately, despite the amount involved it is a complicated legal issue. By the way, suing him wont get you your money quickly AND it will require you to spend more i costs to file suit and serve him.

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Answered on 10/31/12, 6:43 am


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