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  1. #1
    Join Date
    Apr 2009
    Posts
    3

    Default Landlord Double Charging Me on Late Fees, Threatening to Not Renew Lease

    This will take some explaining so here goes...

    I have been living in my current apt. in Florida for 3 years...it's april and my annual lease expires on may 31st 2009. Due to some financial problems I have been behind for some months. It all started when they started adding late fees as indicated in my lease when I was late. I understand that...but...when I thought I was paying my rent every month and just carrying over the late fees from the past, I was actually paying the older late fees and thus was considered by them as coming up short on my rent each month and they added more late fees. For example, this month, I gave my landlord the check for the rent in full however they applied it to my late fees and told me I was short on the rent and added more late fees. Isn't this double dipping? I get a late fee and then more late fees on the partial rent. It also violates the lease which says partial rent isn't accepted. They can't have it both ways. Now I was considering moving out at the end of may when the lease runs out and did not know about the 60 day notice. I had planned to give them 30.

    Today I get an email, that if I don't pay the late fees, they will not renew the lease and I will be put on a month to month basis starting june 1st (which is more expensive). Does this give me the out I need since they are refusing to renew the lease and as I understand it, only 15 days notice is required on a month to month situation? Are they breaking the law (or my lease) by accepting partial rent and in a sense double charging me for late fees?

    thanks

  2. #2
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: Landlord Double Charging Me on Late Fees, Threatening to Not Renew Lease

    From what you say, your landlord doesn't have to accept partial payments, per the lease. That doesn't mean your landlord can't accept partial payments.

    Does your lease describe late fees, how they are assessed, and whether they are paid first out of subsequent rent payments? From what I can find your landlord's actions are legal in the state of Florida, but there may be something in your lease that requires a different outcome.

    Your landlord is under no obligation to renew your lease, as long as the landlord acts consistently with any notice provisions in your lease. If your lease goes month-to-month in June, you first need to see what notice provision is set forth in your lease in relation to ending a tenancy that goes month-to-month. If there's no special provision, you should be able to give notice as set forth by statute, Florida Statutes 83.57 ("When the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period").

  3. #3
    Join Date
    Apr 2009
    Posts
    3

    Default Re: Landlord Double Charging Me on Late Fees, Threatening to Not Renew Lease

    thanks Mr. Knowitall,

    I'm trying to move on may 31st....I haven't told my landlord yet for fear they might evict me before my new lease starts as I owe about 450 dollars and can't pay both the old landlord and the moving expenses, utility deposit, fees etc....I found a place that is giving me the first 6 weeks rent free starting may 15th. I was going to use the final 2 weeks to move over there.

    I just found out about that statute. I had no clue that there was a 60 day notice required (how would someone know this unless the landlord tells them?). I will use the 15 days notification so I can leave June 1st. But my question is, under florida law if I don't accept the terms of the month to month which is after the expiration of my lease may 31st, can I just leave without any fees? And does the fact that they will raise the rent $100 per month on a month to month give me the out I need? They can do anything they want but do I have to accept there new terms after the annual lease expires? How can any state allow a landlord to say that even though your lease expires we will force you to stay for the next month at least at a $100 increase?

    I had planned to tell them on april 31st as this would give them 30 days and even if they try to evict me it takes at least two weeks and I can move by then.

  4. #4
    Join Date
    Apr 2009
    Posts
    3

    Default Re: Landlord Double Charging Me on Late Fees, Threatening to Not Renew Lease

    Well, I told my landlord that I am leaving at the end of may...

    the said I would still have to pay through the month of june because my lease says that after may 31st even when you go month to month that I am still required to give 60 days notice. The lease says they can raise me 100 dollars and go month to month.

    My question now is...do I have to accept terms after the lease expires and can I leave on may 31st only owing up to that date?

    I have been at this residence since may of 2006.

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