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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33716
Experience:  15 years real estate, Realtor. Landlord 26 years
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Landlord evicted me but immediately rented me another

Customer Question

landlord evicted me but immediately rented me another apartment. Said the reason was to get rid of my roommate. Now they are charging me for back rent on the old place for the months I wasn't there. Can they do this?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Expert:  Barrister replied 4 months ago.

Did you actually owe back rent for the other apartment?

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Or are you saying that the landlord is trying to charge you for the old apartment for time after they re-rented to you?

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thanks

Barrister

Customer: replied 4 months ago.
I was paid up until I left. They are charging me for after they re-rented
Expert:  Barrister replied 4 months ago.

Ok, then this is a tough situation because under FL law, the landlord doesn't have a legal duty to "mitigate" his damages if he evicts and can just wait until the old lease expires and then sue any tenants under it for the rent that they lost. This is under FL. Stat. Ann. § 83.595

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With that said, if he re-rented the property, then he can only hold you responsible for any lost rent until he re-rented.

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The fact that they rented you another dwelling wouldn't eliminate your responsibility for the old one, I am sorry to say..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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