All Forum Posts by: Tim Baldwin

I've had to help clients deal with this situation at times. In some instances, it was difficult to locate the source of the high water bill, but ultimately, it was discovered that there was some leak on the premises. Finding the leak, obviously, is vital to knowing the fix. Then there comes the issues of who is responsible for paying of the excessive water bill. Sometimes that's a harder question to answer :) Best wishes.

Your question involves legal issues, so you should seek legal advice. In general, once an agreement is entered into by the parties, the only way to enter into an amended or new agreement is for the parties to give "legal consideration" for the new agreement. If the parties agree to a new agreement and legal consideration is given to bind the parties, the new agreement would be enforceable. You should seek legal advice. 

Having a good eviction attorney is a great idea as a landlord :)

It depends on the state laws where the property is located. In Florida, I've drafted lease provisions where the landlord has access to certain portions of the premises during the tenancy, but never for actual occupancy. Tenants have a right of use and enjoyment of the premises, so that would imply that the landlord cannot interfere with the lease premises. That said, in Florida, the parties can enter into an agreement that qualifies the tenant's and landlord's use of the premises. Your question involves a legal issue, so you should seek legal advice. 

Termination of a month-to-month tenancy is typically controlled by state statute. The lease agreement may also address it, and to the extent the lease provision complies with and does not contradict state law, you will need to follow the lease provision. Your question is a legal question, so seek legal advice.

Termination of a tenancy can only be done by operation of the lease or statute. In general, most state statutes have a way of terminating a month-to-month tenancy with a certain number of days' notice. If it is a term lease, the lease terms will control, to the extent they do not contradict state law. It could be that the lease has a "no fault" termination provision that allows the landlord or tenant to terminate early without penalty. But if it does not have that kind of provision, then to terminate during the term, there will need to be a default by the tenant. If there is no default, then you'll have to wait until the end of the lease term, but before that happens, you'd likely need to give notice of non-renewal. Your question is a legal question, so seek legal advice.

It's a legal question, so you should seek legal advice before taking any actions. As a general legal theory, when the parties act in reliance on a written agreement and perform on its terms, the agreement is enforceable, even if it is very badly worded. Also, agreements are construed against the drafter. It is unlikely that you'd be able to terminate the tenancy based on a "bad lease". Seek legal advice. Best wishes.

This is a fairly common situation.

On whether you should "let him go" or not, the question is, are you going to hold him to the terms of your lease regarding early termination or release him without further rent or early termination obligation. 

Under F.S. 83.595, landlords have 4 options when a tenant terminates early, one of which includes charging the tenant an early termination fee (no more than 2 months' rent), but if your lease agreement does not provide for liquidated damages upon a tenant's early termination, you have only 3 options as a landlord. Choose which option you are going with. 

Sending notice (wherein you notify the tenant of how you are going to treat the tenant's notice of early termination) to a tenant who gives notice of early termination is a good idea. It helps to prevent a tenant from doing what this tenant did and to give you remedies in case the tenant revokes the notice prior to the notified termination date. I call it, "Response to Tenant's Notice of Early Termination". 

Another way to approach this is to prepare a written early termination agreement to be signed by the tenant, wherein the tenant agree to vacate by a date certain and to comply other terms (e.g. paying early termination fee or an agreed upon amount if there is no early termination fee provided for in the lease).

Best wishes. 

I think only you can answer your question. The money involved is not a lot. Even if the tenant owes the money, dealing with these kinds of tenants can be exhausting, which is likely why the tenant is acting this way: she wants to wear you down. You may want to contact an attorney in your area if you want to push back. Up to you.

As @Mike Fingleton said, hire a public adjuster. Just make sure you don't get a "fly by night" one or a company that moves into town just to get claims. Try to find a local, trusted one in Tampa or nearby area.