Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

When putting in a 30 day notice to leave property (lease is

Customer Question
almost up) if the tenant...
When putting in a 30 day notice to leave property (lease is almost up) if the tenant moves out before the end of the 30 day notice and before the beginning of the next month is the landlord allowed to continue to charge rent when no longer living there and deduct from the security deposit?
Submitted: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
4/12/2016
Real Estate Lawyer: Ely, Counselor at Law replied 1 year ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102,923
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Verified
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Yes. Even if the tenant moves out, the tenancy itself does not end until the expiration of 30 days. If the tenant abandoned the property earlier that is fine, but they are still liable for the remainder of the lease. Ergo, they may be charged to the end of the month if this is when the lease ends. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
So they can still charge even tho the house is clean and keys are returned and nobody is living there? That is absurd.. Would I be able to fight it due to landlord neglect and refusal to maintain property. (Roaches, leaking roof that damage was never fixed, mold and other issues) That is the reason we are moving in the first place.
Real Estate Lawyer: Ely, Counselor at Law replied 1 year ago
Yes, they can charge because even if no one is living there, the tenant (I am guessing you) signed the lease and is responsible to its end. If the tenant moves out early, they are still liable for the lease to its end. Now, if the landlord has not been maintaining the property, that is different. See below: Landlord's DutyThe landlord is required to rent a dwelling that is fit to be lived in. This is generally called the "warranty of habitability." "It is clear that the Florida Residential and Landlord-Tenant Act imposes definite obligations upon the landlord which continue throughout the term of the lease and which did not exist under the common law." Paterson v. Deeb, 472 So. 2d 1210 - Fla: Dist. Court of Appeals, 1st Dist. 1985.This is also written into Florida Code. FS Section 83.51 specifies the extent of the landlord's statutory obligation to maintain the leased premises:"(a) Comply with the requirements of applicable building, housing, and health codes; or(b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. However, the landlord shall not be required to maintain a mobile home or other structure owned by the tenant."This also includes:"1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord shall not be liable for damages but shall abate the rent. The tenant shall be required to temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph.2. Locks and keys.3. The clean and safe condition of common areas.4. Garbage removal and outside receptacles therefor.5. Functioning facilities for heat during winter, running water, and hot water."Tenant's Options"The tenant has the right, under certain very aggravated circumstances caused by the landlord's neglect, to withhold rent. This can only be done when the landlord fails to comply with an important responsibility, such as providing a safe and habitable home in compliance with local housing codes. Before rent is withheld, the tenant must give the landlord seven (7) days written notice of the problem so the landlord can fix it. Even after withholding rent, the tenant should preserve the money and seek court permission to spend part of it to do what the landlord should have done. If the tenant does not preserve the money and seek court assistance, the tenant may be evicted for nonpayment." **Florida Bar Association's summary of law.Application of PrinciplesOkay, so we have all this now and we can apply it. The landlord is arguably breaching the warranty of habitability. If so, the tenants would need to give 7 days WRITTEN notice demanding that this be fixed. If it is not then, then he can deduct rent and go to small claims court to have this action confirmed and the Court order the landlord to fix it and/or to have the deducted rent used to have the tenant fix the matter with that money. However the issue is that this has to be done BEFORE the lease ends. Once it ends, then it is arguably too late. So one may wish to issue the demand now (even if the lease is coming to an end), and if the landlord does not fix it, then the tenant can go to small claims court to demand reduction in rent, to offset any deposit withholding, etc. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Ask Your Own Real Estate Law Question
Real Estate Lawyer: Ely, Counselor at Law replied 1 year ago
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Ask Your Own Real Estate Law Question
Real Estate Lawyer: Richard, Lawyer replied 1 year ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,009
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified
HI Leigh. My name is ***** ***** I see your prior expert has opted out of your question. Do you need additional assistance. If so, just let me know.
Ask Your Own Real Estate Law Question
Ask Richard Your Own Question
Richard
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,009
56,009 Satisfied Customers
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

Richard 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:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

102,923 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I am considering the purchase of a 1971 mobile home in
I am considering the purchase of a 1971 mobile home in California. What can I do to verify this home is in good condition, are disclosures required in California? I am going to have an inspection prio… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
I bought a mobile home in August, had an inspection, and
Hi, I bought a mobile home in August, had an inspection, and nobody told me the roof was in such bad shape it would rain in my room this week. The realtor actually told me it was in excellent shape an… read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
My mother signed a special warranty deed for her house to be
My mother signed a special warranty deed for her house to be put in the name of an individual lienholder because they told her the house was not worth what she owed them. She owed this individual 197,… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
We had a contract to purchase a mobile home in a park with a
We had a contract to purchase a mobile home in a park with a contingency for sale of our current home which is on the market. We placed a $ 2,000 earnest money deposit marked refundable with the conta… read more
Lori
Lori
Juris Doctor
256 satisfied customers
Live in a mobile home park, could rent with an option to
Live in a mobile home park, could rent with an option to buy, liked it, bought it ! around 6 months ago. I do pay lot rent and only own the home. They own the property ! Now they have sent me a bill f… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Can an association forclose on a house and re sell and keep
Can an association forclose on a house and re sell and keep the equidy? … read more
DrakeLAW
DrakeLAW
Juris Doctorate
965 satisfied customers
I have a warranty deeds for my house in Cary and I wanted to
I have a warranty deeds for my house in Cary and I wanted to know if my ex wife is still owning anything in it … read more
Richard
Richard
Lawyer
56,009 satisfied customers
Can a mobile home be attached to a commercial building in
Can a mobile home be attached to a commercial building in mn … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,695 satisfied customers
I live in a mobile home that I own in a mobile home park
I live in a mobile home that I own in a mobile home park that my family and I have resided in for more than twelve years. We were just notified yesterday that the park was sold and there are new owner… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,131 satisfied customers
I rent a mobile home lot in a mobile park in Montana. I had
I rent a mobile home lot in a mobile park in Montana. I had sewage back up recently. The problem was a collapsed line (at their fault, which they paid for to be fixed.) I'm pretty sure there is water … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Here in Arizona, the landlord of mobile home parks is
Here in Arizona, the landlord of mobile home parks is required to: ***** ***** outlets for electric, water and sewer services. The landlord shall also furnish a prospective tenant with information con… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,131 satisfied customers
New house. Water damage in basement. Developer refuses to
New house. Water damage in basement. Developer refuses to pay damages. Property in NH … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I own a mobile home that was altered by the previous owner
hello I own a mobile home that was altered by the previous owner and now the city want to fine me … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,695 satisfied customers
I just bought a house and have huge structural issues that
I just bought a house and have huge structural issues that the inspector missed. He protected himself legally behind a "visual" inspection but anyone who comes here can tell there's a problem w the ro… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,131 satisfied customers
My former landlord is not returning my security deposit.
My former landlord is not returning my security deposit. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a question about a security deposit dispute. the
HI--I have a question about a security deposit dispute. the landlord sent the letter with charges exceeding the security deposit and stated he would simply take the whole deposit and settle. However, … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My father owns a mobile home in a mobile home park in
My father owns a mobile home in a mobile home park in Illinois . He is not going to able to live there any longer due to health reasons. So I need to sell the home. The home has a utility shed made ou… read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers
I have a mobile home in a mobile home park that I pay
I have a mobile home in a mobile home park that I pay $300.00 a month for I own the mobile home. The park say that they are going to be fixing some of the things in the park like driveway and septic a… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,283 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