Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Sorry but Florida law doesn't require for the LL. To mitigate the damages unless it is stating in the lease.
The exception would be if the OP is successful in getting the LL to accept the keys back and acknowledge receipt of them in which case the LL is required to mitigate damages.
Things with LL just got stickier. She refused to accept keys, refused to take responsibility for unit. Said she would see an attorney and accourding to our contract I would have to pay her attorney fees. That IS in there for non-payment. I am paying the rent, I am NOT living there. I have discovered that Florida does not have mitigation provisions. She went hysterical on me and told me she couldn't take any more. She just had surgery and evidently something is wrong. She is now out of town, somewhere in Miami. I have no idea where. I do not know when she will return. I called an attorney, but he wants payment up front, I don't have the money to give him so he, of course, will not do a consult with me. Just don't know what options I may have.
I called an attorney, but he wants payment up front, I don't have the money to give him so he, of course, will not do a consult with me. Just don't know what options I may have.
Call your local Bar Association and ask if they can direct you to real estate lawyers who offer a free initial consultation. Or go to your local Legal Aid office and see what they say.
You nailed that one. She has been in pain and on a myriad of drugs since I met her. She is loopy even when the major part of the drugs have worn off. She just had another operations and evidently it did not go well and she is on more drugs. She is a disabled NYC cop and distrusts everyone. She use to go over to the place when the prior tenant was living there at 2 and 3 in the morning to see what was going on. Would send people over posing as potential buyers so they could go in and see the place. Tenant left before the lease was up, even though she was paid for another few months. By the way, she left the power OFF. LL is usually on too many drugs to think or react normally, always over reacts, accuses me of things that in her right mind she would know better, then has to back off -- never apologizes.
Call your local Bar Association and ask if they can direct you to real estate lawyers who offer a free initial consultation. Or go to your local Legal Aid office and see what they say.
The exception would be if the OP is successful in getting the LL to accept the keys back and acknowledge receipt of them in which case the LL is required to mitigate damages.
Which pretty much includes just about every situation.
As for the utilities, I'll simply copy and paste a recent post I made.
Quote:
This is another issue that has cropped up recently.
Look, let me state this clear and up front: No landlord can require you to keep the utilities on and in your name after you have vacated the premises. I don't give a damn what their lease, rules or representatives say. It's legally unenforceable and that is the bottom line.
The most you can be required to do is give them adequate notice so the billing can revert back to the landlord's account. Most utility companies already have these administrative polices in place but it's a good idea to cover your own ass as well. My personal preference is to get written confirmation from the utility that service under my name will end on XX/XX/XXXX and send a copy of such certified mail to the landlord. Give them at least a few business days notice if at all possible.
So yeah, if she's trying to dictate that you keep the AC on in an apartment you no longer live in, you can tell her to get bent. That's HER problem.
Quote:
Originally Posted by kafrak
Things with LL just got stickier. She refused to accept keys, refused to take responsibility for unit.
Then mail them to her, certified mail return receipt.
Quote:
Said she would see an attorney and accourding to our contract I would have to pay her attorney fees. That IS in there for non-payment. I am paying the rent, I am NOT living there.
How exactly is the provision worded? Generally it simply states that the prevailing party can seek attorney's fees from the loser (and that provision works both ways, so invoke it if you need to).
Quote:
I have discovered that Florida does not have mitigation provisions.
We do. See the link STT Resident posted.
Quote:
I called an attorney, but he wants payment up front, I don't have the money to give him so he, of course, will not do a consult with me. Just don't know what options I may have.
Which pretty much includes just about every situation.
As for the utilities, I'll simply copy and paste a recent post I made.
So yeah, if she's trying to dictate that you keep the AC on in an apartment you no longer live in, you can tell her to get bent. That's HER problem.
Then mail them to her, certified mail return receipt.
How exactly is the provision worded? Generally it simply states that the prevailing party can seek attorney's fees from the loser (and that provision works both ways, so invoke it if you need to).
We do. See the link STT Resident posted.
Keep calling others.
This is the clause about attorney fees.
21. ATTORNEY FEES: In the event that Landlord employees an attorney to collect any rents or other charges due hereunder by Tenant or to enforce any of Tenant’s covenants herein or to protect the interest of the Landlord hereunder, Tenant agrees to pay all attorney’s fees and all expenses and costs incurred thereby.
I have found an excellent attorney and he will be representing us. I have asked that the LL from this point forward go through him, not me. I am agreeing to pay her the monthly rent, as it comes due. I am refusing to pay utilities. If we wants to take me to court, I will stop all payments and let the court decide and then should the court order me to pay something, they can put a lien against the house. We are old and in our twilight. We are not going to sell the house, we do not need more credit, she can wait til we die and then deal with the Executrix of the Estate.
My eldest son pointed out to me we can control how much she can dictate to us and at this point, a lein aganst the property would be her only big recourse. Well, have at it. Of course, our attorney may not ber happy with this....
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Breaking a lease LL Psychiatric Symptoms
