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I have a month to month lease. I have been paying rent and…

I have a month to...
I have a month to month lease. I have been paying rent and electric always on time. The man I lease from was not paying the electricity and I had no electric for four months. I lost almost all bussiness. I did not pay the rent for 3 months. I also fixed 25 of his cars that he did not pay me for. He finally connected the electric. As soon as he did that I started paying him the rent. He is now demanding the 3 months rent if I don't pay he said I have 3 days to leave. What do I do? I have 20 cars on the lot that I was unable to fix that I am backed up do to no having electricity.
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Answered in 5 minutes by:
3/11/2018
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 13,706
Experience: Just Answer consultant at Self employed
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Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

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I am sorry to hear this;

can you tell me what state this is in please?

And per the lease the owner is responsible for electrical payments?

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Customer reply replied 4 months ago
Florida, yes

I'm sorry I am not set up for phone calls so your request has been placed in that queue but I can assist you in this page.

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Customer reply replied 4 months ago
Okay. If you can't call we can't write

Basically the terms of the lease serve as a contract between owner and tenant so if the owner does not comply with the terms of the lease the tenant can sue for damages.

Damages may be specified in the lease; otherwise the court will assess the owner the reasonably foreseeable and proximately caused damages resulting from the breach.

Generally if the owner fails to provide electrical the tenant may deduct the fair rental value of the premises without electricity and the actual amount due under the lease.
The tenant is expected to mitigate damages so generally the court will require the tenant to pay the electrical direct and deduct that from the lease.

The tenant may also sue, based on breach of contract, for nonpayment of services/materials rendered but that is separate from the lease obligations.

legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 13,706
Experience: Just Answer consultant at Self employed
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legalgems and 87 other Landlord-Tenant Specialists are ready to help you
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Joycelaw
Joycelaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 120
Verified
Phone call session started
Customer reply replied 4 months ago
Thank you. For the help I really appreciate it. The landlord gave me a 3 day notice to get out. Do I have to get out?
Customer reply replied 4 months ago
He is also subleasing me the space. He is not the owner of the property.

The landlord must give 3 days notice to vacate before beginning eviction proceedings but that would require the tenant to be in breach of the lease.

The sublessor acts as the landlord so the sublessor would be permitted to begin eviction proceedings. If rent was not paid then that would be grounds for eviction unfortunately.

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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.

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