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  1. #1
    Join Date
    Jun 2015
    Posts
    988

    Default Re: What is a Landlord's Obligation to Refund Last Month's Rent

    Let's start as a LL....all the loose ends run against you. Your attorney elsewhere is not licensed as to Fl matters. If the tenant sends it by carrier dog And you acknowledge it..it counts ..you failed to nail it down in writing and each such loose end runs against you and you stand to lose ....I'm a ll....learned long ago to paper even the most obvious.

  2. #2
    Join Date
    Aug 2015
    Posts
    5

    Default Re: What is a Landlord's Obligation to Refund Last Month's Rent

    First off lets just drop the notice OK? I got that email counts as notice. Second what I am saying about the notice is that its not notice IMO, she never gave me notice. All she did is say if you count from today 30 days. If I can this and if I can that. Never once did she say I am giving you notice of moving. I am not sure that will hold up in court as notice.

    Third my point is last months rent is for the last months rent, its not my fault she did not need it. This from a legal Florida forum;
    SUPPOSE YOU ARE HOLDING A LAST MONTH’S RENT AND DECIDE TO NON-RENEW A MONTH-TO-MONTH TENANCY? If you are holding a last month’s rent, when you serve your Notice of Non-renewal, you need to state to the tenant in writing that you are applying the last month’s rent to the last month of the tenancy. For example, if you are holding a last month’s rent, you cannot accept rent from the tenant in June and then serve them a Notice of Non- renewal on June 1st stating that they must vacate on June 30th. Your acceptance of June’s rent implies that they can stay until the end of June, and your holding another month’s rent implies that you are not going to make them move at the end of June!

    Also what counts for written notice in Florida law? From what I have been reading email and text is not considered written notice by Florida law. So this could put her not even giving me notice officially. Also she pre paid her last months rent, that in and of itself would imply that she owned the time for one month and should give notice based on that.


    - - - Updated - - -

    Here is the new wrinkle, the new tenants decided to move in early. Its now only 10 days so I can refund 800 of the 1200 minus the 15 dollars she agreed to pay for the electric. I also told her I would wave the two days I spent painting and cleaning to bring the unit back to the condition she had moved in to. I have gotten so much static both for and against this due to the fact its a he said she said. As far as I see it if we do go to court she could stand to lose more money. It would totally depend on what the judge felt existed as a verbal agreement. Any thoughts?

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