Legal Question in Real Estate Law in Florida

I rented a home 3 years ago and gave the first month, deposit and last month in cash to the landlord. Now that i've been having financial problems i cant pay 1500 a month anymore, i might leave, i talked to the landlord and he acknowledges the deposit but not the last month, since i gave it to him in cash, what rights do i have?


Asked on 8/17/12, 9:24 am

1 Answer from Attorneys

Dawn Marie Bates-Buchanan Bates-Buchanan & Savitsky Law Group, P.A.

You would have the burden of proving that you gave the landlord the money and if you paid in cash and did not get a receipt, that may be very difficult. However, if you give your landlord notice you are leaving and you don't pay rent, you may be able to move before he decides to spend money to evict you and knowing you are leaving, he may not sue you anyway. You do not have the right to force the landlord to use your deposit as the last months rent though and if you left not paying rent and left damage he could sue you for both, even if you had already moved out for a money judgment. I would suggest trying to talk to the landlord and make some sort of reasonable agreement about your moving out and that in writing ( or at least in a email).

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Answered on 8/18/12, 7:23 pm


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