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Coastie wife · Jun 15, 2013, 08:04 PM

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?

LisaB4657 · Jun 15, 2013, 08:11 PM

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.

Coastie wife · Jun 15, 2013, 08:26 PM

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.

Fr_Chuck · Jun 16, 2013, 01:23 AM

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

Coastie wife · Jun 16, 2013, 05:07 AM

Originally Posted by Fr_Chuck

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.

ScottGem · Jun 16, 2013, 05:17 AM

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.

AK lawyer · Jun 16, 2013, 05:32 AM

Originally Posted by Coastie wife

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

Originally Posted by LisaB4657

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.

Coastie wife · Jun 16, 2013, 05:41 AM

Originally Posted by ScottGem

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.

Coastie wife · Jun 16, 2013, 05:45 AM

Originally Posted by AK lawyer

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.

AK lawyer · Jun 16, 2013, 05:56 AM

Originally Posted by Coastie wife

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).

AK lawyer · Jun 16, 2013, 06:03 AM

Originally Posted by Coastie wife

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.

Coastie wife · Jun 16, 2013, 06:22 AM

Originally Posted by AK lawyer

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?

Coastie wife · Jun 16, 2013, 06:23 AM

Originally Posted by AK lawyer

You are referring to FS 83.575 (1).

Yes I am. Am I correct in my interpretation?

AK lawyer · Jun 16, 2013, 06:31 AM

Originally Posted by Coastie wife

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.

Coastie wife · Jun 16, 2013, 06:48 AM

Originally Posted by AK lawyer

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

JudyKayTee · Jun 16, 2013, 08:36 AM

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!

Coastie wife · Jun 16, 2013, 08:49 AM

Originally Posted by JudyKayTee

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

ScottGem · Jun 16, 2013, 11:03 AM

Originally Posted by Coastie wife

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.

Coastie wife · Jun 16, 2013, 11:49 AM

Originally Posted by ScottGem

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.

ScottGem · Jun 16, 2013, 12:05 PM

Originally Posted by Coastie wife

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?