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    rdarrington's Avatar
    rdarrington Posts: 1, Reputation: 1
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    #1

    Aug 17, 2013, 04:12 PM
    If a new lease is signed does it erase any breaches from the previous lease
    I reside in Florida and during my previous lease I got behind on the rent. I suggested I move at the end of the lease which was Nov 2011. Landlord's agent said that wouldn't be necessary. He renewed another lease. We verbally agreed that I would pay on time monthly for this new lease and pay what I could on the previous lease. Now the landlord wants to evict me for non-payment of the old lease. Can that be done or does signing a new lease void anything from the old lease?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Aug 17, 2013, 04:21 PM
    While the new lease erases the old lease you still have to pay what is owed in back rent. Unless you put an agreed payment plan in the new lease *(such as tenant will pay what she can toward back rent when able or tenant will pay $xxx per month on back rent and following it) he has every right to go for an eviction if you haven't been paying a satisfactory amount on back rent. It would have been in your interest to have something in the new agreement rather than verbal.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Aug 17, 2013, 06:25 PM
    Interesting question, but I have to disagree with my esteemed friend, NOhelp4u.

    OP is in possession of the premises pursuant to the "new lease"; and could be evicted for breach of that new lease. But OP cannot be evicted for breaching the"old lease", because OP is not occupying the premises under the old lease, rather the new one.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Aug 17, 2013, 06:30 PM
    While he may not be able to evict you non payment, he can still sue your for unpaid rent.
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