Legal Question in Real Estate Law in Florida
landlard tenant dispute in court Florida
Hello I'm a landlord that rented out a studio on the side of my house. I felt bad for the person for he did not have the first, last and deposit and let him move in by giving me $250.00 with the first months rent wich was $680.00. We had a verbal agreement of a 6 month lease. I wrote out the lease but took a while to take it to him to sign. After 2 months of living there his girfriend told him to move and he broke the verbal lease and refused to sign it. He never gave written notice he was going to move out and I kept the $500.00 total deposit I had for painting and for breaking the verbal lease we had. Beside that I had the place vacant for a month and lost out on that rent. He went and filed with a court for us to appear in a pretrial summon to appear claiming $1000.00. What should I do to present my case. Can I counter sue?
1 Answer from Attorneys
Re: landlord tenant dispute in court Florida
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.
Yes, you can countersue. In order to present your case, you need to be prepared with any witnesses that might be able to help you prove your claim. Otherwise, it is a case of "he said/she said" and it will be up to the court to make a decision as to whom to believe. Oral lease agreements are valid if you can prove the term was for 6 months. If you want to countersue, you must write up the counterclaim and file it at or before the hearing. Of course, make sure you have complied with the notice requirements of Florida Statutes Chapter 83 for making a claim against a security deposit or you will lose your claim altogther.
Scott R. Jay, Esq.
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