Legal Question in Real Estate Law in Florida
I am in a month to month lease. My annual lease ended 1o months ago, and now they are saying sign a lease or move out. Here are the notices I have received Lease Expiration letter on 9/27 with 30 days notice to sign leas or move (that stated she emailed me 3 times with notices, but I received no emails), on 10/05/12 she posted the same notice with 24 hours to inspect, On 10/08 she posted seven day notice sign lease or move (with reference to the emails that I didn't receive again). In addition, her handy man keeps knocking on our door saying she can raise rent. I am vacating at the end of the month. She posted and addition 24 hour notice to inspect today 10/21. I did not pay 10/2012 rent because I needed it for deposits to move at the last minute. She has months rent plus $250 for pet deposits from me. on 10/16 she posted 3 day to pay or deliver possession. Before all of this I had no intent on moving. Do I have grounds to sue for illegal eviction and can I get a restraining order against the handy man that continues to knock on the door. Thanks
1 Answer from Attorneys
You have no grounds to sue.
You were entitled to a 30 days notice to vacate or resign the lease. When you failed to sign the lease, she should have brought an eviction action and she would have won.
When you stopped paying the rent, you were entitled to a 3 day letter and if you failed to pay. She is entitled to sue for an eviction. She will be entitled to the months rent she has, plus the deposit if the lease allows her to use the pet deposit for any upaid rent balance. She must send you a notice concerning what you owe her out of the pet deposit. For instance , if it costs $80.00 to clean the rugs and she cleans the rugs she must send you a notice and send the balance of the deposit. Must be done 30 days from the date you leave.
Read your old lease and see if she can use the pet deposit towards the failure to pay any rent. If she can't it must be returned if there was no damage.
You cannot get a restraining order against the handyman but you can ask him to stop knocking and tell him when you are moving out.
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