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Forum / Leasing Issues / last months rent
I had a bit of situation, my tenant's lease ran out in July 12 15, a few weeks before that she asked me if we could go on a 6 month extension verbally, I agreed and when I took the papers for the extension over, she said she had a home she was looking at to buy and would now like to go on a month to month, I said I would do that if she agreed to give me two months notice. She said that would work. I held last months rent and security deposit in escrow. She then emailed me on july 19th to tell me this, "So, I found a house! Yeah!! I believe my rent is paid through Aug 12, and I think we paid 1st, last, and security, when we moved in last year. So, 30 days from today, is Aug 19. I am planning to be completely moved the 1st weekend in August, but want to be able to have a chance to come back in the following week, and clean. I really wanted to be settled, in a new place, before Pats celebration of life, which is Aug 17th. So, If I am completely out by Aug 12, I should get last & security back, right? It's been a challenging couple of weeks, but we finally came to an agreement with the sellers, last night. I should be closing by mid week. I really appreciate you working with me, and being so patient" One of my questions is in Florida law is email written notice? Next is this even considered notice? Its a lot of if, and maybe and if I can but not one here is my notice I am or will be moving out on xx xx She ended moving out on the 12th, and I gave her back her security deposit back, but I held her last months rent, I felt that her last months rent was her last months rent and I would be nice and try to rent it and then refund her the difference between when it was rented and her last months rent. I ended up renting it for Sept. 1st and she agreed to wait till then to settle up. Now I get an angry email saying why does she have to wait. My response to her email; Hi Christine, You are catching me on the hop. I had assumed you would give me a months notice when using the last months rent. This is what I can do, I will start to advertise the unit and that it will be available on the 12 to the 19th of August. If we can rent it out in a transition that is seamless we can settle up as the new tenants move in or shortly there after. I think the unit will have showing fast. I think maybe as soon as Friday and Saturday. I will call you and give you as much heads up as I can on showings. Her response; am sorry. It's been a process. I was hoping to have figured it out before you deposited last months rent, but I didn't. We had 2 weeks of back & forth between banks/sellers/inspections. It was a bit of a longer process than I had originally wanted. If I can get all out by Aug 12, and have the chance to clean, I am all good with you paying me after you rent. I have no doubt you will rent it fast. I should have final closing date today, but I anticipate it to be by Wed, this week. I am sorry, I tried to get it done before July 12, I just couldn't get it completed. I sent her this email in response to her text asking why she had to wait until sept 1st Christine, I paid you your security deposit even though I had two days cleaning and painting to put the unit back to the condition it was in when you took possession of it. The stove alone took me over 4 hours to clean. The bath had a lot of mold and slime that had to be cleaned and there were holes in the wall from picture hanging that I had to repair and paint. That said I had to call my attorney and ask about last months rent. You asked for an extension of your lease for 6 more months when it came to termination on 7/12/15, Then you asked to go month to month and I agreed if you would give me a couple months notice. You paid rent to 8/12/15 and I held the last months rent. You gave me notice on july 19th that you would be leaving, that would mean Sept. 19th would be your last day. I felt if I can rent the unit before Sept. 19th I would give you a
ed t, FL on Wednesday, August 19, 2015
RE: last months rent
It looks as though your post was cut off. The first lease you and Christine went into - Did it say it would end or renew month to month? If it ended that means she was living there without a lease. A tenancy at will must have at least 3 months notice to vacate. Although you did have e-mails about a renewal. I don't know if that would hold up in court. Normally when a tenant breaks the lease, they have to pay the rest of the months owed, until you find a replacement tenant. I am not exactly sure what you are asking because your post was cut off, but i wish you the best! Good Luck!
Posted by Clark F, OK on Wednesday, September 2, 2015
RE: last months rent
You need to consult with an attorney about this as I believe hold over tenants may be subject to an escalation in rent. Also notice in Florida is based on how rent is paid, so monthly requires 30 days notice, weekly 7 days notice, etc...
Posted by Deanna N, FL on Tuesday, March 21, 2017
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