We currently live in Florida and our landlord is in NY. Our lease expired on April 30,2013. Our landlord's lease required a 90 day notice (which I recently learned is illegal) but we complied. We notified our LL we would be out by May 31,2013. The landlord had showed the property several times throughout the 90 day period and had new tenants sign a lease at least 2 weeks prior to our original move-out date. The LL contacted us to request we move out early and we complied. We moved out and had the place cleaned by May 26, 2013. The new tenants moved in the same day. Not to mention they had the key code to our door and let themselves in while we were not home BEFORE we were moved out. They left lights on throughout the house. Also, our utilities were still in our name until the following Tuesday while the new tenants were using them due to it being a holiday weekend. The power company will not prorate the amount. Now the LL is refusing to give us prorated rent for 5 days even though HE OFFERED IT when we called and complained about the new tenants being in our home (he had told them they could move in on Wednesday May 29). What rights do we have to collect the prorated rent?

You have a great case for collecting the pro-rated rent. Send a certified letter to the landlord that you expect the pro-rated rent to be included with the return of your security deposit. If he doesn't send it with the deposit then file a lawsuit in small claims court.

Our LL is bitter because I politely informed him that he can't charge us for wear and tear on 7 year old carpet (carpet cleaning). He tried to withhold part of our deposit but realized he couldn't. We NEVER got a walk through before or after the rental period commenced or at the termination of the lease. The new tenants got a walk through with the sheet rock repair person our LL is friends with, almost 2 weeks after they moved in. That's when we were informed that the carpets were "dirty." I have emails to the LL when we moved in asking if the carpets had been cleaned because they were dirty THEN. We rented a carpet cleaner and cleaned them ourselves. Not to mention we had to haul multiple loads of trash to the dump that the previous tenants had left behind. Anyway, I believe this is his way of compensating for his costs anyway he can.

So he is upset, who really cares, inform him he has to pay, do it in writing, ( not just email) and require him to pay.

The electric is your issue, since you needed to get it disconnected sooner

so he is upset, who really cares, inform him he has to pay, do it in writing, ( not just email) and require him to pay.

the electric is your issue, since you needed to get it disconnected sooner

Well, he asked us to move over a holiday weekend and in my defense, I can't properly clean a house without power and running water... vacuuming, etc.

Do you have proof of when he told the new tenants they can move in? If so, you can sue them for the utilities they used by occupying the house earlier. However, you may have to prove the usage.

As for the prorated rent, I agree with the others.

I'm curious as to what makes you think a 90 day notice is illegal. If the lease specified 90 days and you signed the lease, its likely to be legal.

... LL contacted us to request we move out early and we complied. ...


You have a great case for collecting the pro-rated rent. ...

I don't see that LL is obligated to pay pro-rated rent. OP didn't have to comply with LL's request, but moved out early voluntarily. Unless LL promised to pro-rate in exchange for an early move-out, no.

Do you have proof of when he told the new tenants they can move in? If so, you can sue them for the utilities they used by occupying the house earlier. However, you may have to prove the usage.

As for the prorated rent, I agree with the others.

I'm curious as to what makes you think a 90 day notice is illegal. If the lease specified 90 days and you signed the lease, its likely to be legal.

Florida state statutes specifically state that a landlord can require so many days notice before vacating, but the landlord can request no more than 60 days.

As far as the utilities, the new tenants changed them into their names on that Tuesday, May 28. My only proof would be a statement by the neighbors and a phone call (recorded?) to the utilities company. My intention was to just suck it up and use the money from the pro-rated rent to cover utilities cost. Part of the reason we moved was 1. Vero Beach utilities is 40% higher than FPL and 2. We found out that our LL was charging us $200 more a month than his other tenants with the same unit. We just couldn't afford it anymore. Vero Beach utilities won't pro-rate and won't turn off utilities on the weekend (or holidays) so I don't know if we could prove usage. We do have phone records that indicate that we personally spoke with the new tenants on the phone and informed them the utilities were still in our names after they called us and said they wanted to be in Sunday.

I don't see that LL is obligated to pay pro-rated rent. OP didn't have to comply with LL's request, but moved out early voluntarily. Unless LL promised to pro-rate in exchange for an early move-out, no.

LL did offer pro rated rent and then backed out. The fact is, he DID request it and we DID comply. Since the unit was already leased, he CANNOT collect rent from 2 tenants at the same time.

Florida state statutes specifically state that a landlord can require so many days notice before vacating, but the landlord can request no more than 60 days.
...

You are referring to FS 83.575 (1) (http://www.flsenate.gov/Laws/Statutes/2012/83.575).

LL did offer pro rated rent and then backed out. The fact is, he DID request it and we DID comply. Since the unit was already leased, he CANNOT collect rent from 2 tenants at the same time.

As I read your initial post, the LL offered to pro-rate after the new tenants moved in and you surrendered possession. But I don't see that LL offered when he asked you to move out early.

If I'm reading you correctly, it would be a gratuitous promise (no consideration), and thus not enforceable.

As I read your initial post, the LL offered to pro-rate after the new tenants moved in and you surrendered possession. But I don't see that LL offered when he asked you to move out early.

If I'm reading you correctly, it would be a gratuitous promise (no consideration), and thus not enforceable.

The landlord offered us pro-rated rent on Saturday after I complained they were in our home before we had turned over possession. The new tenants were in Sunday night. Although, his "promise" may not be enforceable, how is it legal to "double-dip" on renters?

You are referring to FS 83.575 (1) (http://www.flsenate.gov/Laws/Statutes/2012/83.575).

Yes I am. Am I correct in my interpretation?

The landlord offered us pro-rated rent on Saturday after I complained they were in our home before we had turned over possession. The new tenants were in Sunday night. Although, his "promise" may not be enforceable, how is it legal to "double-dip" on renters?

Again, I must have mis-read what you wrote. If you found the new tenants essentially trespassing, and complained to the landlord, and then he offered to pro-rate, it sees that you surrendered possession in exchange for the promise to pro-rate. Under those circumstances you might have a case.

My house also has a coded electronic lock. When I moved in, I changed the code. That is what you should have done.

I don't see anything in the Florida landlord-tenant statutes which expressly prohibits double-dipping. It is possible that you could find something in case law.

Again, I must have mis-read what you wrote. If you found the new tenants essentially trespassing, and complained to the landlord, and then he offered to pro-rate, it sees that you surrendered possession in exchange for the promise to pro-rate. Under those circumstances you might have a case.

My house also has a coded electronic lock. When I moved in, I changed the code. That is what you should have done.

I don't see anything in the Florida landlord-tenant statutes which expressly prohibits double-dipping. It is possible that you could find something in case law.

The only thing I can find is that the LL has to repay the pro-rated rent in the case of a breach of contract if the LL re-rents the unit. We were not in breach of contract... we were on a month to month at that point and notice of vacating was give under the one year lease since the lease stated we had to give 90 days notice. Basically, that portion of the law covers people who don't pay rent or aren't responsible, but not the people who pay their rent and are responsible. Go figure

How much is the prorated rent? This seems like a lot of upset and confusion over 5 days, although I do understand the theory behind it - he asked, you agree, he promised, he broke his promise.

I'm shocked that the new tenants were roaming around inside (or, for that matter, outside) your house.

Sounds like the landlord, at best, plays the rental game his way.

Good luck to the new tenants!

How much is the prorated rent? This seems like a lot of upset and confusion over 5 days, although I do understand the theory behind it - he asked, you agree, he promised, he broke his promise.

I'm shocked that the new tenants were roaming around inside (or, for that matter, outside) your house.

Sounds like the landlord, at best, plays the rental game his way.

Good luck to the new tenants!
The amount for proration is $177.47. You're right, it's about the principle, not the money. Yes, good luck to the new tenants and the other tenants of his that we became friends with. He's a jerk. We are military and the only other thing I can think to do is go on the military website and warn other military renters not to rent from this guy. We signed a lease in good faith one month before moving in and paid a $1,300 deposit while the house was still occupied. We don't have a lot of choices because of the nature of my husband's job. Stupid us for not protecting ourselves. Lesson learned

Florida state statutes specifically state that a landlord can require so many days notice before vacating, but the landlord can request no more than 60 days.


For future reference is asked to cite a statute please give the cite like AK did.

But yes your interpretation is correct. I hope you had you new lease checked by an attorney to prevent this happening again.

For future reference is asked to cite a statute please give the cite like AK did.

But yes your interpretation is correct. I hope you had you new lease checked by an attorney to prevent this happening again.

We're renting from a fellow Coastie now. We had a walk through where notes were taken. We are best friends with the previous tenants so they can testify about the credibility of the landlord. There was no lease and no deposit. I went through with a video camera and documented everything along with proof of the date I did it. Never again will I not protect myself and my family.

We're renting from a fellow Coastie now. We had a walk through where notes were taken. We are best friends with the previous tenants so they can testify about the credibility of the landlord. There was no lease and no deposit. I went through with a video camera and documented everything along with proof of the date I did it. Never again will I not protect myself and my family.

So you are renting without a lease? And you think that is protecting yourself?

We're renting from a fellow Coastie now. We had a walk through where notes were taken. We are best friends with the previous tenants so they can testify about the credibility of the landlord. There was no lease and no deposit. I went through with a video camera and documented everything along with proof of the date I did it. Never again will I not protect myself and my family.

You appear to be making another mistake by not getting a lease. If you are still in Florida, without a lease your landord can evict you with only 15 days notice. Most other places it's 30 days.

I've got to join in the chorus - "We're renting from a fellow Coastie now. We had a walk through where notes were taken. We are best friends with the previous tenants so they can testify about the credibility of the landlord. There was no lease and no deposit. I went through with a video camera and documented everything along with proof of the date I did it. Never again will I not protect myself and my family."

You just didn't protect yourself and your family. You learned nothing from the NY landlord experience.

I've got to join in the chorus - "We're renting from a fellow Coastie now. We had a walk through where notes were taken. We are best friends with the previous tenants so they can testify about the credibility of the landlord. There was no lease and no deposit. I went through with a video camera and documented everything along with proof of the date I did it. Never again will I not protect myself and my family."

You just didn't protect yourself and your family. You learned nothing from the NY landlord experience.

Ok, fair enough. So other than requesting a 30 day notice from the landlord. What else would a lease protect me from? I can't point out ANYTHING in my previous lease that worked on our behalf whatsoever. The only thing it states is how far in advance we have to give notice. If in fact, we did not have 90 days to give notice because of circumstances, we are covered under the Soldiers and Sailers Act. The old lease states the specific of deposits and rent amounts. We have no deposit here. So, if I were to request a formal lease, what should I include... rent amount and 30 notice from LL... what else? Of course I mean what isn't already covered by the law.

First, the lease will provide a term for the lease.Otherwise you are a periodic tenant and your tenancy can be terminated with 15 days notice. Second, it protects you from rent increases during the term of the lease. A lease also spells out the landlords responsibilities as well as the tenants. It will state when rent is due and any late charges.

You can find a boilerplate lease online. Here is one example: http://leaserunner.com/media/sample-residential-lease.pdf

You can then modify it to suit.

First, the lease will provide a term for the lease.Otherwise you are a periodic tenant and your tenancy can be terminated with 15 days notice. Second, it protects you from rent increases during the term of the lease. A lease also spells out the landlords responsibilities as well as the tenants. It will state when rent is due and any late charges.

You can find a boilerplate lease online. Here is one example: http://leaserunner.com/media/sample-residential-lease.pdf

You can then modify it to suit.

I will concede the eviction notice procedure as well as rent agreement procedure. We do not want to be stuck in a year long lease just because of what happened the last time. As far as landlord/tenant responsibilities, Florida state statutes 83.51-83.53 echo exactly what the boiler plate leases state. We are NOT the type of people who don't pay rent and don't take care of our property or other's property. We are not only bound by state and federal laws, but by military law as well. Indebtedness can cost my husband his job and we are not willing to risk that in any way. But I do see your point about the rent increase and eviction notice... I wasn't familiar it was only 15 days in the state of Florida. It is 30 most other places. I've only lived here 1 year and it is a learning process. I appreciate the advice and will certainly put it into action. It would be to our advantage I think to at least get a 6 month lease to avoid rent increase and if all goes well, we will make the decision to sign another 6 month lease.

I will concede the eviction notice procedure as well as rent agreement procedure. We do not want to be stuck in a year long lease just because of what happened the last time. As far as landlord/tenant responsibilities, Florida state statutes 83.51-83.53 echo exactly what the boiler plate leases state. We are NOT the type of people who don't pay rent and don't take care of our property or other's property. We are not only bound by state and federal laws, but by military law as well. Indebtedness can cost my husband his job and we are not willing to risk that in any way. But I do see your point about the rent increase and eviction notice......I wasn't familiar it was only 15 days in the state of Florida. It is 30 most other places. I've only lived here 1 year and it is a learning process. I appreciate the advice and will certainly put it into action. It would be to our advantage I think to at least get a 6 month lease to avoid rent increase and if all goes well, we will make the decision to sign another 6 month lease.

If you are military and you are deployed, there is federal law that allows you to break the lease. So I wouldn't worry about that. You can also add an early termination clause to the lease.

If you are military and you are deployed, there is federal law that allows you to break the lease. So I wouldn't worry about that. You can also add an early termination clause to the lease.

Well technically, yes. Deployment is part. But that's different than a PCS change (Permanent Change of Station). Both are covered under the Soldiers and Sailers Act. Even things such as Internet contracts, satellite TV service, etc. are covered under the act. We've had to use the act on our behalf multiple times now without any major issues. You would be surprised, however, how many LL are not aware of this law. Our LL is also military, so he knows the deal and I don't expect any issues from him as far as that is concerned. We usually get 60-90 days notice from the government about relocation assignments from the government detailer in 99% of cases

Well technically, yes. Deployment is part. But that's different than a PCS change (Permanent Change of Station). Both are covered under the Soldiers and Sailers Act. Even things such as Internet contracts, satellite TV service, etc. are covered under the act. We've had to use the act on our behalf multiple times now without any major issues. You would be surprised, however, how many LL are not aware of this law. Our LL is also military, so he knows the deal and I don't expect any issues from him as far as that is concerned. We usually get 60-90 days notice from the government about relocation assignments from the government detailer in 99% of cases

Most LLs with rentals near military bases are aware of the law, if not, maybe its finer points.

Most LLs with rentals near military bases are aware of the law, if not, maybe its finer points.

Very true. If we had military base housing nearby, I would sure be living there and not in civilian housing