My question involves landlord-tenant law in the State of: Florida.
From time to time I pay my rent online, in May 2009 when I submitted my May payment I accidentally selected an account that is closed and no longer in use which caused the payment to be returned due to NSF. I found the error immediately obtained a money order for the amount of rent and took it to my management company. They were not even aware that the payment had been returned I was the one that told them. I paid all applicable late fees and the rental payment, permanently deleted the old account from the Paylease website to prevent this error again and went about my business.
Effective 7/1/09 we renewed our lease, signed a new agreement (no changes to it just a new one for the new year rental that runs from 7/1/09 through 6/30/10).
I paid July and August rent via a check, I then paid September and October via a money order because I was late those two months and if late it must be paid by money order. All fees were paid including rent and late fees.
We dropped the November payment off (paid by check) so that it would be in when management came in this morning (11/4, rent is consider late if not received by the time management comes into the office of the morning of the 4th). I received a phone call from management stating that we had an NSF in May so we can no longer pay via check, that this months rent is not in an acceptable form considered late and that we have to pay by money order including the late fees. I was beside myself and very confused. I called the management company and advised them that my understanding of their lease per their verbiage is that once there is an NSF payment can not be made via check for the remainder of the agreement that the NSF was writing in, however once a new agreement is signed (the renewal effective 7/1/09) that checks would be accepted again. I was advised by the management company that yes it does state This Agreement however that once there is an NSF that checks can only be accepted after 6 months of the account in good standing, ie no late payments or further NSF's. However no were in the rental agreement does it state this.
The actual verbiage reads: "If Tenant's check fails to clear the bank, a service fee of X will be assessed in addition to a late fee of X and all remaining payments for this Agreement must be made by certified funds.
Am I correct, when there was a new lease signed effective 7/1/09 was this a new agreement and irregardless if the month prior to the new lease there was an NSF checks must be accepted? Can the management company arbitrarily verbally change the agreement and there is nothing I can do other then move out at the end of my lease? I asked from an addendum to the lease per the whole 6 month thing but was given a passive answer and was told someone from the lease department would call me back.
My husband left work early and paid the rent via money order however I am tired of being pushed around and want to know what my legal rights are.
I am sorry this is so long winded but I wanted to share exactly what took place to help better answer my question.
Thank you,
MelissaD

