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1962beachboys · Jan 20, 2008, 11:14 AM

Hello folks, I have been renting a apartment from a women here in hallandale,fla for a little over 4 years now.. it's been a verbal agreement with no written lease on a month to month basis with me paying her 650.00 per month since it started in June 03.. recently,this past Monday she stated that due to her increased living expenses she has to raise my rent to 950.00 per month beginning on feb 1,2008.. she told me on jan 14 about the rent increase.. furthermore,she states that if I can't pay the increased rent amount that I need to vacate the apartment by feb 1,2008... to make room for another tenant who can pay the 950.00 per month.. I have paid her on time for the past over 4 years without ever being late or whatnot with no problems to speak of whatsover and this is how I am rewarded?? I told her that I can't afford the 950.00 per month and I also do not have the move-in funds for another apartment.. "first,last,security,etc.. iam on social security disibility for a mental health issue and my financial situation is bleek at the moment.. anyway,do I have any rights here as a tenant with a month to month verbal agreement? the landlord says that because of a lack of a written lease contract that I don't have a legal leg to stand on and that I wouldn't stand a chance of winning in court if she decides to start the eviction process... any help here would be greatly appreciated as feb 1 draws closer... sorry for the lengthy post... steve

LILL · Jan 20, 2008, 11:28 AM

Without a lease, your options are very limited. Two weeks notice is all that is required in Florida on a month to month lease. The landlord has a right to raise the rent with proper notice and you have the right not to accept it and move out. If you decide to stay put and not pay the increase, your landlord would be forced to evict you, which would have a very negative impact on your credit report and make it nearly impossible to rent elsewhere. Also.. keep in mind that Florida is a VERY landlord friendly state.

Fr_Chuck · Jan 20, 2008, 02:52 PM

Most places will require a 30 day notice for the rent increase, so it appears that she has given you a notice that the rent will increase next month , so you are required to pay the new rental amount.

Now many places can not evict you wihtout a 30 day notice also. So if you don't pay the rent as due , when due, they can proceed to evict you for non payment of rent, an then they can evict sooner than 30 days.

So yes, you basically have to pay more or move.

smearcase · Jan 20, 2008, 03:06 PM

I am not familiar with the laws but don't some areas have rent control laws. Maybe you could contact an elected representative or a legal aid bureau. Jan 14 to Feb 1 isn't 30 days notice (if 30 days are required). Newspapers sometimes get involved in these obviously unfair situations. Doesn't hurt to try.

LILL · Jan 20, 2008, 03:27 PM

Here is the statute as written in Florida law. Also if tenant refuses to vacate... landlord is entitled to double the rent.

83.03 Termination of tenancy at will; length of notice.--A tenancy at will may be terminated by either party giving notice as follows:

(1) Where the tenancy is from year to year, by giving not less than 3 months' notice prior to the end of any annual period;

(2) Where the tenancy is from quarter to quarter, by giving not less than 45 days' notice prior to the end of any quarter;

(3) Where the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period; and

(4) Where the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.

83.06 Right to demand double rent upon refusal to deliver possession.--

(1) When any tenant refuses to give up possession of the premises at the end of the tenant's lease, the landlord, the landlord's agent, attorney, or legal representatives, may demand of such tenant double the monthly rent, and may recover the same at the expiration of every month, or in the same proportion for a longer or shorter time by distress, in the manner pointed out hereinafter.

froggy7 · Jan 20, 2008, 04:01 PM

Originally Posted by smearcase

I am not familiar with the laws but dont some areas have rent control laws. Maybe you could contact an elected representative or a legal aid bureau. Jan 14 to Feb 1 isnt 30 days notice (if 30 days are required). Newspapers sometimes get involved in these obviously unfair situations. Doesnt hurt to try.

What's obviously unfair about this situation? The landlord hasn't raised the rent in 4 years, and now needs to in order to meet increases in costs since 4 years ago. If the market will support the new rental cost, there's nothing wrong with asking for it. This is a business arrangement, not a charity.

smearcase · Jan 20, 2008, 05:51 PM

I withdraw my first comments. I thought 30 days notice was required. Please accept my apology. Maybe the Social Security Disability office can suggest an option to get help with the increase in rent or finding another place. Best of Luck.

ScottGem · Jan 20, 2008, 08:20 PM

First the issue here is one of law, LILL has provided the statute and that ends the argument. The OP has to vacate or pay up.

The only thing that could save her is if there is a ceiling on rent increases in Florida. She can check with the local dept of housing or social services to see if that's the case. 650-950 is an almost 50% increase and that might be against the law.

The OP can pay for Feb to give her more time to move out. Or she can let the landlord try to evict to gain more time and maybe have the landlord take the final month out of her security.

But things do not look good for her.