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mendoza2005 · Oct 30, 2011, 08:21 AM

I was unable to make my payment on time due to unemployment and financial difficulties. I always pay my rent and I never bounce a check and I spoke with my landlord that I was unable to pay so I decide to move and gave 30 days. And I had 4 months left on my lease when I moved out. Now, I received this letter that he's going to hold my security deposit and I owe money for 4 months in rent due to my broken lease. I live in Fl and I still have no job, I'm living with a friend and its so difficult being single mom of a little girl and now this guy wants me to pay him the money I don't have. What can I do? I need to wrote back telling him my disagreement of me paying the rent for a place I don't live anymore PLEASE HELP!

JudyKayTee · Oct 30, 2011, 08:28 AM

A lease is a contract, a legal document. You PROMISED to stay in the apartment for a year and pay rent every month. The landlord cannot keep your security deposit and count it against rent. It's for damages.

The landlord cannot collect rent from both you and another person... so, if he re-rented the apartment you don't owe for those months. If was required to attempt to find another tenant - even if he was not successful in finding one.

Your inability to pay doesn't change anything. This is a contract. You owe the money. He can and will get a judgment against you which will remain active for about 10 years.

The best you can do is call the landlord, explain your circumtances, offer to pay a percentage if he will accept it. He, of course, might want the total amount and may take you to Court to collect it.

I realize you disagree with paying rent when you didn't live there BUT it's a contract matter, very clear - you promised to live there for 12 months and pay rent. Loss of employment doesn't change that.

Fr_Chuck · Oct 30, 2011, 08:43 AM

Sorry but legally you owe him the money. And in Fl he does not even have to try and rent out the apartment.

If he does rent it out, you owe only till the new renter moves in.

So if you can't pay, he will sue you in court and get a judgement against you.

ScottGem · Oct 30, 2011, 09:11 AM

Did he acknowledge your moving out? Did he give any indication, especially documented, that he was OK with you moving?

Absent the landlord's approval for you breaking the lease, you are stuck. Whatever gave you idea you could just leave before the lease was up? And you picked one of the worst states to do it in, since the landlord does not have to show a good faith effort to rent the unit.

Writing about your disagreement does nothing. What matters here is the law. And the law holds you responsible for the contract you signed. You would have been better off waiting for him to give you a pay or quit notice.

So your options now are to a) negotiate a settlement, b) find someone else to take the apartment or c) go to court and hope for a sympathetic judge. If you gave written notice and the landlord did not inform you he would hold you to the lease you may have a chance with a sympathetic judge.

mendoza2005 · Oct 30, 2011, 10:07 AM

I spoke with the landlord and I told him it was not necessary to do an eviction. I gave him 30 days notice before moving out and he never mentioned that I have to pay the remaining months of rent.

ScottGem · Oct 30, 2011, 12:18 PM

Like I said, you would have been better off having him give you a pay or quit notice. Now your only hope is if a judge will accept that the landlord accepted your notice.

AK lawyer · Oct 30, 2011, 12:50 PM

Originally Posted by mendoza2005

I spoke with the landlord and I told him it was not necessary to do an eviction. I gave him 30 days notice before moving out and he never mentioned that I have to pay the remaining months of rent.

It is not up to him to advise you what the law, or the lease, provide.

In your situation, 30 days notice was not sufficient. You, in effect, owed him 4 months notice.

ScottGem · Oct 30, 2011, 12:58 PM

Originally Posted by AK lawyer

It is not up to him to advise you what the law, or the lease, provide.

While I agree with that, if the landlord accepted the notice a court MIGHT rule that the landlord was allow the tenant out of the lease. It is certainly not a slam dunk, but it is the only option open to the OP.

AK lawyer · Oct 30, 2011, 01:35 PM

Originally Posted by ScottGem

While I agree with that, if the landlord accepted the notice a court MIGHT rule that the landlord was allow the tenant out of the lease. It is certainly not a slam dunk, but it is the only option open to the OP.

I agree that is about the only hope. But if the landlord said what I would have said in his shoes, "Oh, you are going to move out in 30 days, huh? Sorry to see you leave. You were a good tenant. Blah, blah, blah.", and no more, OP is out of luck. I cannot see the landlord saying "OK. I promise not to sue you for the balance of the lease."; but I suppose it's possible.

JudyKayTee · Oct 30, 2011, 03:10 PM

You can't change a written contract by oral agreement.

I think the "legal notice" thinking doesn't apply.

AK lawyer · Oct 30, 2011, 03:52 PM

In more precise legal terms, it would be an estoppel theory. OP moved out voluntarilly in reliance upon LL's implicit waiver of the balance of the lease. OP detrimentally relied upon this, and as a consequense, LL should be estopped from enforcing the lease. That's how I would frame the argument.