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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37855
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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We've rented through a company in the Tampa Bay area 3

Customer Question

We've rented through a company in the Tampa Bay area for over 3 years at two different properties since moving to Florida. We've always paid our rent on time and have never missed a payment. On our last rental, the company updated their rental contract and increased the days to vacate from 30 days to 60 days.I didn't realize the increase and when we moved out last month, they asked me for a written notice and I sent it to her more than 30 days in advance, thinking that was all that was required. Then they scheduled someone to come out and walk the property to "try to point out as many things as possible that may result in a charge on the move out statement". We worked very hard to get the property into the best condition that we could to ensure the maximum deposit returned.Today we received a letter, via certified mail, that we would not receive our deposit back because we didn't give 60 days notice. I reviewed the rental agreement and it does state pretty clearly that we require 60 days notice or we will be charged for one month's rent (equal to the $1,575 security deposit).Although the rental agreement is pretty explicit about this, the rental company was extremely deceptive in not informing us that we were moving out too soon. I asked her if they would inform someone if they were moving out 6 months early and she said that moving out that 6 months early would "trigger an alert", but it is the tenants responsibility to review their contract prior to move out. If 6 months too early would "trigger an alert", then why not 30 days too early? She then went on to say that they have 700 properties and that they can't review all of their agreements, but that argument doesn't make sense; only a few of those properties are going to be terminating in any given month.I believe someone at the company missed this and blaming good people and great tenants for a technicality in the contract is very shady and terrible business practice. My question is, do we have any legal ability to fight this on the grounds that we should have been notified that we were breaching the contract or something like that?Thanks,
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Had the property management company been on their toes, and honest, they would have mentioned that fact to you. However, they are not legally obligated to do so and the terms of the lease agreement are binding unless you can get a waiver from the company.

You don't have any legal basis under FL law to fight them on this. I am sorry.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,


Expert:  LawTalk replied 1 year ago.

Good evening Jim,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,