My question involves landlord-tenant law in the State of: Florida
I had a bit of situation, my tenant's lease ran out in July 12 15, a few weeks before that she asked me if we could go on a 6 month extension verbally, I agreed and when I took the papers for the extension over, she said she had a home she was looking at to buy and would now like to go on a month to month, I said I would do that if she agreed to give me two months notice. She said that would work. I held last months rent and security deposit in escrow. She then emailed me on july 19th to tell me this,
One of my questions is in Florida law is email written notice? Next is this even considered notice? Its a lot of if, and maybe and if I can but not one here is my notice I am or will be moving out on xx xx"So, I found a house! Yeah!!
I believe my rent is paid through Aug 12, and I think we paid 1st, last, and security, when we moved in last year.
So, 30 days from today, is Aug 19. I am planning to be completely moved the 1st weekend in August, but want to be able to have a chance to come back in the following week, and clean. I really wanted to be settled, in a new place, before Pats celebration of life, which is Aug 17th.
So, If I am completely out by Aug 12, I should get last & security back, right?
It's been a challenging couple of weeks, but we finally came to an agreement with the sellers, last night. I should be closing by mid week.
I really appreciate you working with me, and being so patient"
She ended moving out on the 12th, and I gave her back her security deposit back, but I held her last months rent, I felt that her last months rent was her last months rent and I would be nice and try to rent it and then refund her the difference between when it was rented and her last months rent. I ended up renting it for Sept. 1st and she agreed to wait till then to settle up. Now I get an angry email saying why does she have to wait.
My response to her email;
Her response;Hi Christine, You are catching me on the hop. I had assumed you would give me a months notice when using the last months rent. This is what I can do, I will start to advertise the unit and that it will be available on the 12 to the 19th of August. If we can rent it out in a transition that is seamless we can settle up as the new tenants move in or shortly there after. I think the unit will have showing fast. I think maybe as soon as Friday and Saturday. I will call you and give you as much heads up as I can on showings.
I sent her this email in response to her text asking why she had to wait until sept 1stam sorry. It's been a process. I was hoping to have figured it out before you deposited last months rent, but I didn't. We had 2 weeks of back & forth between banks/sellers/inspections. It was a bit of a longer process than I had originally wanted.
If I can get all out by Aug 12, and have the chance to clean, I am all good with you paying me after you rent. I have no doubt you will rent it fast.
I should have final closing date today, but I anticipate it to be by Wed, this week.
I am sorry, I tried to get it done before July 12, I just couldn't get it completed.
It has been a day and I have not gotten a response usually she is a chatty Cathy. Any help would be greatly appreciated.Christine, I paid you your security deposit even though I had two days cleaning and painting to put the unit back to the condition it was in when you took possession of it. The stove alone took me over 4 hours to clean. The bath had a lot of mold and slime that had to be cleaned and there were holes in the wall from picture hanging that I had to repair and paint. That said I had to call my attorney and ask about last months rent. You asked for an extension of your lease for 6 more months when it came to termination on 7/12/15, Then you asked to go month to month and I agreed if you would give me a couple months notice. You paid rent to 8/12/15 and I held the last months rent. You gave me notice on july 19th that you would be leaving, that would mean Sept. 19th would be your last day. I felt if I can rent the unit before Sept. 19th I would give you a refund of the difference minus anything extra that came up, and you also agreed to keep the electric on till the first of Sept. I will apply the last months rent from Aug. 12th to Sept 1st assuming that I do actually have the unit rented [new tenants have not signed lease yet] That leaves you responsible for 20 days at 40 dollars a day $800.00 Plus the transfer fee for the electric of $15. Total $815.00 Your last months rent was $1200.00 leaving a balance of $385.00 which I can send to you as soon as I meet with the new tenants. You agreed to this in the last email now want a refund sooner. If I meet with them sooner I will send you the difference on the last month sooner, but I have as agreed till the first of Sept. 1st, also you need to send me your new mail address to send your refund back.

