Ground for Eviction?

Question

As a residential renter in Florida I am being threatened by my landlord too move out or be evicted. I believe her case to be both unjust and not legally sound, so am considering fighting the eviction. Here's the facts.

I had an annual lease which expired before my current landlord bought the property. So I'm month to month. I was never notified how to pay rent, but since she took up residence in another apartment on the property I paid her on time by handing her cash. After 4 months of these casual payments her friend and real estate agent texted me 8 days before rent was due that my rent would increase from $775 to $950. Florida law requires a 15 day notice in writing so I paid $775 by check on the the 1st of the month. She cashed the check. 5 days later she retaliated by sending me a 3 day notice that I was indebted to her in the amount of $850. I have no idea where this number came from and ignored the notice. Nothing followed. It's now the 11th and her friend is again texting me to leave or face eviction.

Apologies for the length but I felt all information was relevant. I'm not sure I could find suitable housing in the next 20 days and I would prefer to not move immediately. Hence why I'm interested in fighting this. Also, please note that I have completely paid rent. Although I can't prove the first 3 or 4 payment.

Regards,

And any help is appreciated.

John Thedford · Answer

@Kent W. if you were paying monthly, they are required to give you at least ONE MONTH advance notice of a rent increase. Time frame to give notice is determined by the time unit of rental. If you pay by the week, then one week notice is required. If you are MTM, they must give you AT LEAST 30 days.

BTW--if the agent is trying to increase your rent without proper notice  they are clueless! Last, if they accepted payment, they cannot evict during the time frame they accepted payment for. Be SURE and mail your next months rent timely, via certified mail. By law, since you are on a MTM, they MUST give you 30 days notice to vacate as well. There is your quick summary: 30 days notice to raise rent, 30 days notice to vacate.

p.s.--statute is Florida chapter 83-Landlord And Tenant law. You can read it online.

Ned Carey · Answer

Sounds like a novice landlord that doesn't know the law. I would try to contact legal aid. If you go to where they hold rent court evictions, I bet some one there knows where to go for legal aid specifically for tenant landlord issues.

MJ Barnett · Answer

Kent,

I have always heard that rules are if the landlord accepts payment or cashes the check then it constitutes another month lease. (At least in CA and VA)

Good Luck!

MJ

Kent W. · Answer

thanks for all the great responses! And thanks Ben. I might be in touch.

Concerning notices to remove a tenant with an expired lease or increase there rent, I'm fairly sure it's half the length of time of the frequency that they pay rent. So month to month is 15 days. Unless I misread Florida laws.

Benjamin Pekarek · Answer

@Kent W.,

Sorry you're having to deal with this! It sounds like a case of an idiot owner trying to make as much as she can off of her new rental property.

@John Thedford put it best - as you're month to month, there is a 30 day notice required prior to rent being raised. Unfortunately I'm not able to post the form here, but I'm going to copy and paste the text in line.

" "

A few things here.

1. Her realtor, who has absolutely nothing to do with the property sent you a notice in regards to rent. I would have ignored it too! There was no notice that the realtor is involved, nor was there a proper notice. A text message does not constitute a legal notice - a certified letter, or letter by standard mail is the only way to serve a rent increase notice. So, from the get go they're out of compliance.

2. If the new rent was $950, and you paid $775, how do you still owe $850? My math says you'd owe a maximum of $175...oh wait, you don't owe anything as they never gave you proper notice!

3. Ignore the friend, there was never a relationship established to you, the tenant, by the owner to comply with this person, therefore, IGNORE HIM/HER!

4. As they've not served you a new LEGAL notice for February, they can't raise your rent for that term either! Send your owner your rent via certified check to ensure that she's received it, and so you have proof that you sent it whether or not she cashes it.

Call me and I'll try and find you a new home quickly - I have several vacancies in Sarasota/Bradenton right now.

-Ben

Curtis Bidwell · Answer

@Kent W. Is your new owner's friend her property manager? Do you have any written notification of that relationship?  If not, the texted notice is irrelevant.  My realtor has no authority to raise my tenants rent! Unless notified otherwise I would only deal with the owner. Also, keep a record of all correspondence in case you get in front of a judge. The tenor of the conversation may well have impact on a decision.

Kent W. · Answer

I was also under that impression, but a fresh look directly at the Florida renters rights statues, rather than people's online summaries of them, seems to imply that this is only the case when a landlord accepts a payment after a 3 day notice is presented to the lessee. So I'm currently unsure as to the legalities of that and hoping someone more knowledgeable than be can clear that up.

I suppose my main concerns are not only the aforementioned issue of accepting payment then proceeding with eviction, but also:

-can a landlord eviction me for not being able to prove previous payments, especially after accepting later payments?

-is a text message from her real estate agent considered legal notification?

-she never notified me how to pay rent after buying the property, can I use that to defend myself?

-Is the fact that the 3 day notice a nonsensical number debunk the whole eviction?

-Can she give me a 3 day notice, not follow through on an eviction. Then give me another 3 day notice a week later? Especially considering the first notice was an incorrect number.

Also, because I know this forum is filled with more landlords than renters. I'd like to again state that I'm not trying to "get over" on my landlord. I simply want to protect myself against what I see as unreasonable legal action that I might not be able to defend.

Christopher Brainard · Answer

Based on what you've said, you are correct and will not have to pay the rent increase for the month in question if it goes to court, however, you should get ready to move. I foresee an even larger rent increase notice in your future or a flat out termination notice. I'm sure the additional debt is due to late charges and the cost of the 'eviction'.

-Christopher

P. S. I hope you are getting receipts for your cash payments.

Brie Schmidt · Answer

I am not an attorney.  I would respond back that you were not given proper notice of the rent increase.  Since they are required to provide 15 days and did not, you paid your current rent.  You would have to pay the new rent amount as of 2/1 if you wanted to stay, and I would request a new lease

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