Legal Question in Real Estate Law in Florida
To owe or not to owe?
I have lease agreement with an apartment complex here in Jacksonville, FL for a period of 7 months. The term expired on the 17th of October. I was 6 days late giving a written 30 day notice to the apartment complex informing them that I was not going to renew my lease. I did give verbal notice 1 month previous to the apartment manager. The apartment manager is forcing me to pay for 6 added days past the time of my lease expiring (until October 23,)since I was 6 days late giving my written notice. Am I required to pay for those days?
2 Answers from Attorneys
Re: To owe or not to owe?
It depends on what your lease states. You should have an attorney review it.
To pay or to pay more?
Facts: Lease expired 17th of Oct; 6 days late with
written 30 day notice informing not going to renew;
forcing me to pay for 6 added days.
Q. Am I required to pay for those days?
A. Probably and maybe even more. Your lease must
have required the thirty day notice. It should
have been given before the expiration of the lease.
You became a holdover tenant OR gave a defective
notice. Either way, your landlord will deduct the
money from your deposit and send you a notice.
You would then have to dispute the notice and file
suit to recover your money. Your landlord could
take the position your defective notice was not
good for the month of Oct. but only good for Nov.
and now you owe one month's rent. Furthermore, a
holdover tenant is subject to double the monthly
rent. If you lose the lawsuit, then you have to
pay court costsand atty's. fees. Your landlord
would have to hire an atty. as they can't practice
law. Real question:HOW MUCH CAN YOU AFFORD TO PAY?
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