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My lease has been expired and I kept requesting new lease…

Customer Question
My lease has been...

My lease has been expired and I kept requesting new lease from LL. She finally called me and said she would not renew my lease because I owed 3 months rent from 2016. This call was in late Nov 2017. She never claimed owed rent and continued to accept my rent all this time. Currently I'm paid through 3/31/18. She's threatening to post 3 day notice. I also noticed that orig lease commenced 8/1/14, but LL had me sign page that appeared to be copy of signature and it was dated 6/16/14. Odd?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Sorry...Florida.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No issues as it relates to anything, other than supposed past due rent. One year lease. Very basic and short. Looks like it was from website Form simplicity.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Also, in Fl, if LL rents 5 or more units, which is the case, the LL must provide Resident with info on deposit: bank, account info showing funds are there and not commingled. Never received this. I cannot imagine LL posted my deposit or prepaid into a separate account.

Submitted: 6 months ago.Category: Real Estate Law
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Customer reply replied 6 months ago
Not to be rude, but if the info you provide is verbatim from Fl Statues (starting with 83.40) it will not help me as I have reviewed that information.
Answered in 1 hour by:
3/16/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 15,713
Experience: Licensed to practice before state and federal court
Verified

Thanks so much for your patience. I'm sorry to hear about your situation. So, generally, a landlord is not required to renew a lease to a tenant for any reason. Even if they are wrong about the three months in arrears, they aren't required to provide you with another lease agreement.

You may have some other issues here though that you may be able to recover on. On one hand, if the landlord has failed to provide the required documents for FL landlords, then a small claims court in your county may demand that the landlord turn over the information regarding the deposit and bank info.

The landlord is also required to provide you with whatever security deposit is left over after cleaning and repairs.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

here is one upside to this situation though. the law generally prohibits landlords from physically removing tenants from the property or forcing tenants off the property by shutting off their lights, water, gas, or changing the locks so if you aren't ready to move, you can stay. You'll still be required to pay rent, but the landlord cannot engage in those actions in the interim. These are called “self-helpevictions and if a landlord engages in them, the landlord could be liable to the tenant for money damages.

If there is a tenant who has been evicted with proper written notice (e.g. 3-day or 30-day notice), but they do not leave the property, then they are considered a holdover tenant. The landlord of a holdover tenant must go through certain procedures before a tenant can be physically removed from the property. What this means is that the landlord must go to the courts in the county where the property is to get the court’s permission to have the person removed from the property.

The process for this can take months and you even have a chance to raise defenses to their eviction as well.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 6 months ago
Thanks for your time, but I was aware of all this info based upon my real estate experience and by reading Fl law pertaining to Residential Tenant/Landlord issues. After a 3 day expires, Tenant must answer or provide defenses within 5 days. At which time a judge would likely ask for some funds to be placed with court registry.
My question(s) were A) how and a LL claim past due rent two years after the fact when the LL has continued to accept rent for two years with no claims, notices, etc?
B) if the lease start date was 8/1 ow/why is the LL signature dated 6/1? Especially if it is a copy and not original signature or date from LL? I might assume the daughter (her father is owner) uses this same copied signed and pre-dated signature page for all leases as they rent at least 6 single family homes or condos.
You don't need to answer these questions, but this is what I needed to know. Thank you for your time.
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

I understand. Thanks for providing me that. Let me answer your questions:

A. They can claim that you owe them the right, but until and unless they show proof that you owe it, then you don't need to pay it.

B) I wouldn't be able to answer that question. it's likely it was a typographical error.

Did you have any other questions for me today that I could help you with?

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