Legal Question in Real Estate Law in Florida
broken lease agreement by both side involved, who pays?
On the lease it states that lawncare and poolcare will be provided and basic cable: the lawn gets mowed once a month, not acceptable according to the home owners association. the pool was never cleaned, ever. and the cable tv hookup was not a legal hookup according to the cable company, they had no record of cable tv at that address. The lease was entered into on sept 15 2001 for one year. I was paying 1350 on the 15 of the month. However, the rent was due on the first. So, I was late every month. There is no late fee's accessed in the contract.
I am moving out and the landlord says i must pay him the rest of the years monthly lease because i am moving out on January30. I have not paid januarys rent because it is obvious he will keep my deposit and i need the money to get a new place.
Please advise if i should pay the last months rent or prepare for legal counsel.
2 Answers from Attorneys
Re: broken lease agreement by both side involved, who pays?
It appears that you have legal defenses to landlord's claims. The landlord breached the lease by failing to provide legal cable service, pool maintenance, etc. Indeed, it appears the landlord knew before signing the lease that cable service was illegally obtained, yet it was purposefully included in the lease to induce you to enter into a landlord-tenant relationship. Arguably, you are being generous by allowing the landlord to keep the security deposit. If the landlord pursues a claim against you, seek legal counsel.
Re: broken lease agreement by both side involved, who pays?
Do not pay. Re-read the previous answer and follow that advice.
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