Legal Question in Real Estate Law in Florida
I lived in an apartment/condo from september till december last year. Every month the rent was late and it was due to the fact that the electricity was under the landlord's name and she would tell me how much the bill is for and at that time I would pay for it, usually by the end of the month. The landlord is a classmate from my school so I know her. During the four months she never once said anything about late fees, which according to the lease are $40/day after the first of the month. I paid $1000 for the rent per month, the late fees alone if i am late 25 days equal the rent itself. In december I left early but paid the whole rent for the month, she was fine with everything. Now when it came time to give the deposit back, she sent me back $700(i gave her $900) without an explanation about why it was that much. When I asked she wrote it was for cleaning the place and at that time I mentioned to her that the lease does not say anything about charging that much, and she could of been courteous and tell me why she is charging. I guess this stuff really made her mad and now she wrote back saying that since i was always late every month, the total comes out to $2600 $40/per day late fees. She is only now doing it because i asked about the $200. . I am just a student, I live on loans from semester to semester trying to get by and I dont have money like $2600 laying around. Any insight you can provide would be greatly appreciated. I thank you for your time and advice
3 Answers from Attorneys
If the lease said you owe her $40/day in late fees, and it legitimately adds-up to $2600, you may owe her the money. But, you can look for some way out of it. I would read the lease in its entirety to find out if there is some sort of waiver provision. If she waived the late fees each month, and she waived them when you moved out, and if the lease doesn't prohibit it, I would argue she has waived her rights to the late fees all together. You also did not say how long ago this was, which makes a difference.
It may be worth a few hundred to have an attorney look into the matter if 2600 is at stake.
Well, she did not think to charge you late fees until after she gave back most of your deposit, so that's good. If you have anything in writing from her that would support what you've said here, then I would hold onto it as well as the lease. Reviewing the lease, as my colleague has mentioned, is a good idea. I really wouldn't worry about hiring an attorney until you are served with court papers or have some indication that she is going to take further action. Regards,
First, like Ms. Longa said, she's not suing you (at least not so far), so you probably shouldn't worry about it. I'd probably drop the whole thing. I think she's pretty clearly waived her right to collect late fees, especially because she collected normal rent every month after late fees from the previous would have been allegedly due. Besides, you have a pretty good excuse for being late. You could probably even get the rest of your security deposit back if you pushed it and went to court. The statute says that, when a landlord claims any part of a deposit, she has to tell you, in writing by certified mail, why she is making the claim. If you don't receive a written list as to why any money is being withheld, you get all the money back.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
