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In Florida -single family dwelling. Male tenate who signed a lease that states if rent is not paid by the 4th of each month there is a 100.00 late fee. The lease is also initialed right by that particular section by both my husband and the tenate. he was late every month (6)The tenate also signed by security deposit of 500.00 that it is due within 30 days of vacating property if: (b) all monies due management by resident have been paid(he did not pay any late fees)
It also says management is not responsible for damages unless it was managements negligence -the tenate ran over sprinklers with his car several times and we did fix them but considered it coming out of deposit. tenate stayed in the home 3 months after the lease was finished 90 days with no lease and did not pay the agreed amount he paid 200.00 less than agreed. he moves out and thinks we owe him deposit. I need to know what to do. Does he have any rights with no lease? What @ late fees~ help he is a jerk!

Submitted: 278 days and 16 hours ago.
Category: Real Estate Law
Value: $20
Status: AWAITING CUSTOMER ACTION
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saint augustine, Florida

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We have told him he has no claim to the deposit. I mean frankly we were blown away. He was late every month and aware of the late penalty~he signed the lease that clearly says that. He also was tight on money the last 2 months (without lease) and he paid 200.00 less than the amount of rent. Not only that but he broke everything and was a real pain the whole time. I am so wanting to hear legally he has no right to deposit. I know he is supposed to get in writting within 30 day"s but he lived there for 90 days without lease so the 30 days happened while he still lived there didnt they? also I am hopeing that he broke contractual obligaton when he did not pay monies due management (late fee for 6 months= 600.00) help I need to get rid of this jackass.

Posted by Law Pro 278 days and 16 hours ago.

Answer

I agree with you - he's a jerk!

 

However, you can assess the late fees and damages as against his security deposit. Additionally, he had to give you one full month's notice of when he was vacating or he is liable for the next month's rent. (for example - if he gives you notice January 2, 2009that he's leaving on February 1, 2009 - then he didn't give you one full month's notice and is also liable for February's rent too)

 

 

278 days and 16 hours ago.

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does email count as telling us in writting? How do we asses the late fee and damges againts deposit and did we have a time limit to do so? remember he stayed 3 months with no lease and then emailed us notice.

Posted by Law Pro 278 days and 16 hours ago.

Answer

No, emails don't count. If the lease states in writing - it didn't state email were/are acceptable.

 

Total up the number of times he was late and subtract such from the security deposit.

 

A lease becomes month to month usually if a tenant or landlord doesn't give notice to vacate when the lease term is over. The lease term becomes as per how the tenant pays their rent - if weekly - then week to week, if monthly - then month to month, etc.

 

I would send him a letter (signature and return receipt requested if possible) an itemization of damages showing late fees accumalated (hopefully you can show with receipts that he was late for those months, damaged to the sprinkler system, plus anything else he damaged - then subtract that amount from the security deposit and send him the balance. If he owes you money - then send a request for the balance of monies he owes you.

 

This letter should be sent within 30 days after he vacated the property.

278 days and 15 hours ago.

Reply

thank you one more thing what if the signed lease was up over 3 months ago and he has vacated the property over 30 days but emailed notification was never acceptable/? Where does that leave us since his lease has been up for 4-5 months now, he offically left via email notice over 30 days. Do we have to give deposit if we did not make the 30 days and what about the late fees? I mean living there 3 months with no lease what happens now? We wrer just calling it a wash even thouh he owe us money at the end so please tell me he has no leag right to the 400.00.

Answer

It's then a matter of when you noticed the apartment vacated - if that wasn't until just days ago then he owes until just days ago for the full month's rent.

 

Even given that you accept the email notice that he vacated - he would still owe for February, 2009.

 

Again, I would send him a letter (signature and return receipt requested if possible) an itemization of damages showing late fees accumalated (hopefully you can show with receipts that he was late for those months, damaged to the sprinkler system, plus anything else he damaged - then subtract that amount from the security deposit and send him the balance. If he owes you money - then send a request for the balance of monies he owes you.

 

You need to be able to itemize you damages to the court - regardless if he owes you money or you owe him money based upon the above.

 



Edited by Law Pro on 2/17/2009 at 4:21 PM

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Expert: Law Pro
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Answered: 2/17/2009

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19 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.

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