Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

I was living in an Apartment community in Miami, FL from Dec

Customer Question
Hello,I was living in an...
Hello,I was living in an Apartment community in Miami, FL from Dec 2013- 2014, I then renewed the lease for one more year until 2015 Dec. Along with me there was one more person on the lease. During 2015 May, when I was out of town, my other roommate friends visited and I do not know what actually happened we received an eviction notice asking us to vacate the house within 1 week. My roommate friends handed over the keys to the management around June 15, 2015.Now I am trying to lease an apartment and during the background check, the past due hit my credit report and it went to the collection agency. I contacted the previous apartment community and the collection agency on Friday last week and I got the breakdown of the charges on this week tuesday. The apartment community kept uncollected rent for the remaining term of the lease that is $11,683.87 and also they added the lease agreement not fulfilling which is $1,200.00. Besides that, the community charged us with other fines, which totaled to $15,065.12. They are saying that they discounted the rent for few months and they want us to pay $8,918.48.I would like to know my options and how do I proceed further on this.Thank you in advance.
Submitted: 3 months ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 5 minutes by:
7/27/2017
Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 5,981
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Ask Your Own Landlord-Tenant Question
Lawyer: Legal Eagle, Lawyer replied 3 months ago

Hello! I am a licensed attorney who is admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. I'm sorry to hear about this situation. One of the easiest things that you could do is try to negotiate about the remaining balance. It might be a quick way for you to be able to just settle this matter if you have the cash without having to send a bunch of letters or go through any kind of legal hoops.

If you have questions about the amount of the debt or how the debt was collected, then you may want to look to the fair debt collection practices Act. Under the fdcpa, generally, debt collectors must follow certain rules if there is a debt that you owe. One of those rules is that the debt must be accurate and they must provide verification of the debt as well. If they fail to do so, then they're going to be in violation of the fdcpa.

The amount that the landlord said is wrong, then this appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. This means that they would have to reduce the amount that they said that you owed as a result. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Ask Your Own Landlord-Tenant Question
Customer reply replied 3 months ago
Okay, i would like to know if I really owe $8,918.48 for the charges? and also I asked the apartment community for the lease agreement and they said they sent it to the storage. What are my options now?
Lawyer: Legal Eagle, Lawyer replied 3 months ago

If the $8,918.48 is valid, then yes you would owe it. However, these amounts are always negotiable and you would only all that amount if the landlord was able to prove it. You may want to consider just writing a formal demand letter to get a copy of the lease. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation. Did you have any other questions for me?

Ask Your Own Landlord-Tenant Question
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 5,981
5,981 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,830 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,075 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,272 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I need to evict a resident the homeowner [landlord] wants
I need to evict a resident the homeowner [landlord] wants him out in 10 days. I'm as bright as a box of rocks and ***** ***** Landlord thinks I,m dragging my feet... hes incapable. 69 yrs old how do I… read more
Legal Eagle
Legal Eagle
Lawyer
5,981 satisfied customers
This question concerns CA Tenant Law. Am I speaking to an
I have received a "LEASE VIOLATION" notice for garage storage and I would like to know what options if any, I may have if any. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
Man complained continuously about cockroach infestation at
Man complained continuously about cockroach infestation at apartment complex. Management had his apt sprayed but did not seem to help. Management blamed problem on former neighbor (moved away). Now ma… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
Upon signing the lease agreement, tenant and landlord are
Upon signing the lease agreement, tenant and landlord are suppose to have copies of every paperwork, correct? What if there was some paperwork I don't ever remember signing and I know I never received… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
I have a rental property that my tenants have just moved out
I have a rental property that my tenants have just moved out without notice. They have not paid last months rent. I need to know when can I gain access to the property. … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
I am a landlord of a house in Lacey, WA. My tenant signed a
I am a landlord of a house in Lacey, WA. My tenant signed a contract 11/10/2017. She has just started to move in and refuses to pay the pro rated amount of $700 because she chose to move in later that… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
My landlord evicted me unfairly by pocketing my partial
My landlord evicted me unfairly by pocketing my partial payment. I didnt go to court so the eviction went through. The landlord then afterwards allowed me to move in to another apartment in the buildi… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
I need your help to figure out how to deal with a dispute
Dear Pearl, I need your help to figure out how to deal with a dispute with my tenant regarding rodent infestation issue in my rental house … read more
Legal Eagle
Legal Eagle
Lawyer
5,981 satisfied customers
My landlord has not repaired the refrigerator after 90 days.
My landlord has not repaired the refrigerator after 90 days. I have called multiple times and finally made a request in writing. The superintendent says the landlord can't due to family issues and his… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am a tenant and was charged for the elevator in my
Hi I am a tenant and was charged for the elevator in my building breaking down. is that something a tenant can be charged for? I assume the elevator should have a warranty or some type of service cont… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
I am renting a cinco and the owners hqve installed inside
I am renting a cinco and the owners hqve installed inside cameras without my knowledge i wan them removed what recourse do i have… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
I am a landlord in the state of Illinois with a twelve month
I am a landlord in the state of Illinois with a twelve month tennant lease. The lease runs from JULY 30, 2017 to July 31, 2018. There is no listing of when the rent is due. My question is when would t… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
I broke off an engagement, and moved out. I let my landlord
so i broke off an engagement, and moved out. I let my landlord know and my fiance is still residing there. I offered my landlord to pay out the entire rent, not just my half to be put off the lease and they said no. can i do anything? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
Landlord dies 3days ago have received no notice to vacate
Landlord dies 3days ago have received no notice to vacate received text telling me to be out asap by daughter inlaw … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We just went through an eviction of tenant. tenant moved out
we just went through an eviction of tenant. tenant moved out without leaving forwarding address. Aside from the damage beyond normal wear and tear they painted graffiti on walls of three rooms and glu… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
I'm wondering howntonmlenaure a tenant moves out by the end
Hello, I'm wondering howntonmlenaure a tenant moves out by the end of a lease … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,970 satisfied customers
What are the duties of a revocable trust. Vermont. That the
that the occupants are suppose to make payments equal tp the amount of the taxes and they don,t … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
We live in a mobile home park in Maryland. We pay rent on
We live in a mobile home park in Maryland. We pay rent on the land but own our home. Last year, our park manager began lumping our quarterly water/sewer bill onto our rent for that particular month. H… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x