Legal Question in Real Estate Law in Florida

I rented a trailer for 2 years, month to month, no lease no paperwork, nothing. told the landlord I was moving out at the beginning of July. The electricity was in his name, not mine. Rent was paid up til the 1st of August. I got an eviction notice at the end of July, called the landlord and he said it was a mistake!? I then moved out two weeks later.

Now he has filed a small claim trying to sue me for back rent. The thing is, sometimes I gave him a check, sometimes I gave him cash. I do have a handwritten note he gave me stating I owed 350.00 in rent and also electric, but the electric is in his name, not mine! He now says it is 900.00 in back rent! BS!

There was never an agreement in writing and I never got a receipt. I know how stupid this sounds but I am 23 and this was my first rental.

I decided to move when he offered to take the rent out in trade.

Does he have a case?


Asked on 9/10/09, 4:53 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

Yes, he has a case. He will have to make a claim that you owe him a certain $$ amount and substantiate that $$ amount to the judge's satisfaction. Then, you will have to defend yourself by showing you paid all or part of the money or that the money was never owed to begin with. Although not the best proof of payment to the LL, you can show withdrawls of cash from you bank or money order receipts. Additionally, you may not have given proper notice of ending your tenancy. You were required to give 15 days notice before the next time rent was due of your intention to vacate, and your time lines don't add-up to indicate that you gave adequate notice. If notice was not proper, you may be liable for an additional month's rent (even after you moved).

So, yes he has a case, and a judge will decide how much, if anything, you owe the LL.

Next time, you will know at the very least to get written receipts.

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Answered on 9/10/09, 7:16 pm


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