Legal Question in Real Estate Law in Florida
Tenant has paid all but a late fee (rent not late), can they evict?
Thanks for your time...we have rented a home with the option to purchase before the lease ends (in July) for the past 2 years. The owners now know that the house is worth much more than the agreed upon price, and would prefer to place it on the market. Our lease has a clause that if they receive the rent late (after the 3rd of the month) two times then the rent automatically goes up $50 for the remainder of the lease. They are now saying that they received our rent late twice (although I have proof of when I mailed it - USPS Delivery Confirmation and receipt of mailing). They sent an email saying they expected the additional $50 every month in the future and we refused to include it with this months rent. They have now served us with a '3 Day Notice' - do they have grounds?? Assuming the court would believe that it had been late twice, would the $50 clause be sufficient grounds for a court to agree with them and order an eviction?
3 Answers from Attorneys
Re: Tenant has paid all but a late fee (rent not late), can they evict?
Don't be penny wise and pound foolish. If you want to give them an excuse to not sell you the property and potentially face a costly eviction then don't pay the $50.00 extra per month. In the meantime I recommend you pay the $50.00 extra and then sue them to get it back by seeking a declaratory judgment from the court interpreting your lease contract.
Re: Tenant has paid all but a late fee (rent not late), can they evict?
I would have to review the lease and speak with you regarding all the facts in order to render any reliable legal advice. If the landlord can prove that you have defaulted under the lease, it may institute eviction proceedings. Of course, you may very well have defenses (technical and substantive) that may thwart landlord's efforts. Setting aside the potential legal claims and defenses for a moment, if you plan to exercise the option to purchase, and the market value of the property is more than the agreed upon price, it might be wise and worthwhile to simply pay the additional $50.00 per month until you close on the purchase in July. That's $450.00 to make certain you don't lose the house. Besides, if you hire a lawyer to deal with this dispute, it will cost you no less than $500.00 just to have him/her review the lease and write a letter to the landlord. Be careful not to be penny wise and pound foolish. If you would like to discuss the case in more detail, please call or write my office.
Peter A. Gonzalez
Gonzalez & Associates, P.A.
201 Alhambra Circle, Suite 705
Coral Gables, FL 33134
Tel. 305-445-0937
Fax. 305-424-0237
Re: Tenant has paid all but a late fee (rent not late), can they evict?
If the landlord is correct and the payments were short the 50 dollars, technically you would be in default under the lease and a 3 day notice to pay would be proper. Assuming that the option terminates upon default, and that the option price is below market, it seems that the landlord is looking for any excuse to terminate the lease. You need to consider this fact in light of the current situation and strategize accordingly. I would suggest working out the current situtation with the landlord and confirm in writing that the lease remains in full force and effect. You don't want July to roll around and have the landlord tell you that due to past breaches of the lease the option terminated.
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