Legal Question in Real Estate Law in Florida

Lease cancellation- Notice to impose a claim

I received a notice to impose a claim from my landlord. I paid a months rent as a penalty when I gave my notice. I moved out and now they thet want a months rent again for cancellation plus 1/2 months rent for insufficient notice. I agree with the months rent but not the insufficient notice. Noone ever told me I needed to give 60 days notice. They won't budge. My biggest concern is that I moved out because I bought a house. They said they can slap a lien against my house or garnish my wages. I don't believe it. My credit is perfect and I don't think a simple judgement from a landlord will hurt my credit that bad. My beacon is 760. I have a house and never plan to rent again. I thought they would rather have half a loaf instead of no loaf. Please advise.


Asked on 12/30/02, 3:39 pm

1 Answer from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Lease cancellation- Notice to impose a claim

Before garnishment of wages, the landlord would have to first file a lawsuit, properly serve the lawsuit, and then obtain a final judgment for money damages against you, and then the landlord would be in a position to lawfully proceed with collection efforts against you. However, even armed with a final judgment, your wages may be exempt from garnishment under Florida statutory law.

The amount in dispute may not justify spending money retaining an attorney to defend you in this case. If you want to fight it, get yourself a lawyer experienced in landlord-tenant litigation. Good luck.

Read more
Answered on 12/30/02, 3:44 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida