Legal Question in Real Estate Law in Florida

Termination of Lease by Landlord with Letter

In June of 2002, I received a letter from the apartment complex that I lived in for 4 years. I had renewed my lease multiple times. The letter stated that my lease was to expire on July 31 of 2002 and I would need to renew before the end of June or give a letter of my intention to vacate.

I thought that my lease was to expire on August 30th, but I did not have a copy of the lease. When I went to the rental office, the person there confirmed that July 31st was the end of the lease. I explained that I did not want to renew my lease and submitted a letter explaining my intent to vacate before the 31st of July.

One month after vacating, I received a letter from the apartment complex explaining that I owed an additional month's rent for August. Because I vacated before August 30th, the apartment complex was charging me 2x the monthly rent and was keeping my deposit.

I have all of the documentation and the original letter stating the lease to terminate on July 31st. The complex has admitted making a mistake for the letter but they are sending me to collections for the August rent.

What is my recourse?


Asked on 12/30/02, 5:43 pm

2 Answers from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Termination of Lease by Landlord with Letter

I have more questions for you like, what does your actual lease say is the expiration date. Call me to discuss.

Randall L. Gilbert

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Answered on 12/30/02, 6:28 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Termination of Lease by Landlord with Letter

Without seeing the actual lease and the letters, it is difficult to provide you with a meaningful reply. But it seems that you have a good defense. Further, if your credit is impaired because of the situation, you may have a valid damage claim against the landlord and/or the collection agent. All that is in addition to your right to a refund of the deposit money. I urge to consult with competent counsel.

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Answered on 12/30/02, 7:21 pm


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