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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27267
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I have been informed by my landlord that the association has

Customer Question

I have been informed by my landlord that the association has sent her a letter stating I need to vacant the premises with 30 days. I am mentally stressed out and about to have a nervous breakdown due to this unexpected news. I had to [ay my Nov. rent but I am withholding because just if I need to leave I have no money at all. My landlord is insisting I need to pay for November rent but I cannot do both paying rent and save money to move. Please advise what can I do
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Miami, Florida
JA: Has any paperwork been filed?
Customer: My landlord hasn't provided me with the copy of the letter sent to her from the association, she verbal advise me
JA: Anything else you want the lawyer to know before I connect you?
Customer: The reason for the eviction is not for non-payment of rent is due to a personal problem that occurred in front of the property
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 8 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  RealEstateAnswer replied 8 months ago.

Good morning and I am sorry to hear about what you are dealing with. So the Association is telling the landlord you violated their rules and regulations and as a result, need to vacate? Did you speak with the landlord about this and have a chance to review the rules and see if they can simply tell the landlord that you have to be out in 30 days? I ask because I am curious if any chance to cure or remedy this, was given by the Association

Customer: replied 8 months ago.
I do not have a copy of the letter because my landlord hasn't provided me with a copy. I am concerned and very mentally overwhelmed because the landlord is insisting for me to pay for Nov rent
Customer: replied 8 months ago.
I cannot call, I cannot financially afford especially in my situation
Expert:  RealEstateAnswer replied 8 months ago.

I do understand. From a legal standpoint, under the law, the obligation to pay rent would remain. I know you do not have the money to relocate and pay the rent but if you do not pay the rent, which the landlord is entitled to, they can 1) evict you if you do not vacate and 2) sue you for the unpaid rent. That is at their discretion. Ideally, the landlord would work with you and understand that if you need to leave and are willing to do so, the rent has to be applied towards that. If not, then you will have to stay and THEY will then have to incur the time, effort and cost to evict you and it is better to not spend that money and get a judgment which they may not even be able to enforce and instead let you use the money to move in the 30 days.

Customer: replied 8 months ago.
Exactly that is what I want to do use my nov rent in order to vacant within 30 days. I also have a month deposit
Expert:  RealEstateAnswer replied 8 months ago.

You can also ask if the landlord will apply the deposit to the last months rent and then use the money you have, to vacate. It is not uncommon for a landlord to do that and you can ask them to inspect the rental as well, to see and show that there is no damage or repairs needed, for which the deposit should apply to and therefore can be used for last months rent

Customer: replied 8 months ago.
I will get back to you I am at work and my boss is around
Expert:  RealEstateAnswer replied 8 months ago.

No problem and just let me know and I will be happy to respond then

Expert:  RealEstateAnswer replied 8 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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