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nmh881 · Jul 13, 2012, 02:42 PM

I'm in Florida with a tenant in a verbal agreement. Rent is due the 12th of each month. Now I've read that in a verbal agreement the rental period is determined by the rent due date. However, my tenant moved in on the 1st of the month. So if in the case of an eviction, could I prove the rental period is from the 1st to the 31st by stating the 12 day period is just a grace period?

Fr_Chuck · Jul 13, 2012, 02:46 PM

So you want to lie ? If your verbal contract was for the 12, you have a legal and moral obligation to tell the truth. If you allowed him to move in early without extra payment, that is your problem. You are to enforce the actual agreement you had.

nmh881 · Jul 13, 2012, 02:53 PM

Originally Posted by Fr_Chuck

So you want to lie ? if your verbal contract was for the 12, you have a legal and moral obligation to tell the truth. If you allowed him to move in early without extra payment, that is your problem. You are to enforce the actual agreement you had.

Yes rent was due by the 12th. However it is standard practice for commercial rentals to set due date for the rent on the 1st but give a grace period until the 5th. It is not a lie he moved in on the 1st. I asked for rent on the 12th because that is when my due date for rent for the landlords is.

Fr_Chuck · Jul 13, 2012, 02:56 PM

When did you say the rent was due, if you said the 1st, it is the first, and you told him the grace period was 12 days.

If you told him rent DUE on the 12, that is the due date, not the grace period. Only you know what you said and what he agreed to.

You can not change it after you agreed

nmh881 · Jul 13, 2012, 03:02 PM

Originally Posted by Fr_Chuck

When did you say the rent was due, if you said the 1st, it is the first, and you told him the grace period was 12 days.

if you told him rent DUE on the 12, that is the due date, not the grace period. Only you know what you said and what he agreed to.

You can not change it after you agreed

Well if you could point me to where it says the rental period is determined by when the rent is due in Florida Statute 83 I'd appreciate it because I can't find it. Also I forgot to mention that this month began rent being due on the 5th so I don't know if that affects what we are discussing here or when the 15 day notice would take effect either.

nmh881 · Jul 13, 2012, 03:03 PM

I think I found the statute actually. 83.46?

nmh881 · Jul 13, 2012, 03:59 PM

Don't worry, I figured it all out. His will be on the streets in 3 days. HAHA. Hope he's got some money saved up cause I took it all. That's Florida. Respect the OVERLORD.

nmh881 · Jul 13, 2012, 03:59 PM

Originally Posted by Fr_Chuck

When did you say the rent was due, if you said the 1st, it is the first, and you told him the grace period was 12 days.

if you told him rent DUE on the 12, that is the due date, not the grace period. Only you know what you said and what he agreed to.

You can not change it after you agreed

Don't worry, I figured it all out. His will be on the streets in 3 days. HAHA. Hope he's got some money saved up cause I took it all. That's Florida. Respect the OVERLORD.

ScottGem · Jul 13, 2012, 04:38 PM

A 3 day is a pay or quit. If he pays you have to start all over again. And Yes 83.46 applies