What is the name of your state (only U.S. law)? Florida
I am writing regarding an issue that i have with late fees.
I rented an apartment in miami, fl from september till december last year. Every month the rent was late(average 20 days) and it was due to the fact that the electricity was under the landlord's name and she would tell me how much the bill is for and at that time I would pay for it.
The girl is a classmate from my school so I know her. During the four months she never once said anything about late fees, which according to the lease are $40/day after the first of the month. I paid $1000/a month for the rent. Since I was late for rent every month on avg. 20 days, the late fees alone if i am late 25 days equal the rent itself.
In december I left early but paid the whole rent for the last month, she was fine with everything. Now when it came time to give the deposit back, she sent me back $700 without an explanation about why it was that much.
When I asked she wrote in an email that it was for cleaning the place and at that time I mentioned to her that the lease does not say anything about charging that much, and she could of been courteous and could of told me why she was charging. I mean i understand if there is a charge for cleaning it would of been nice for her to let me know
I guess this really made her mad and now she wrote back saying that since i was always late every month, the total comes out to $2600 $40/per day late fees, for all the days i was late every month.
She is only now doing it because i asked about the $200. Every month that I was late, she never mentioned verbally or written about late fees that are due. She would accept the checks as rent and electricity bill.
I was reading some laws does this apply to me? or anything else that you can think of. Since she kept accepting the rent checks without any written or verbal notice of the late fees due. Can she really come now and demand all four months of late fees and is it even possible for her to charge this much $40 per day, no grace period.
I am just a student, I live on loans from semester to semester and I dont have money like $2600 laying around.
Any insight you can provide would be greatly appreciated. I thank you for your time and advice. they are both greatly appreciated.
Florida Statute 83.56 part 5
"(5) If the landlord accepts rent with actual knowledge of a noncompliance by the tenant or accepts performance by the tenant of any other provision of the rental agreement that is at variance with its provisions, or if the tenant pays rent with actual knowledge of a noncompliance by the landlord or accepts performance by the landlord of any other provision of the rental agreement that is at variance with its provisions, the landlord or tenant waives his or her right to terminate the rental agreement or to bring a civil action for that noncompliance, but not for any subsequent or continuing noncompliance. Any tenant who wishes to defend against an action by the landlord for possession of the unit for noncompliance of the rental agreement or of relevant statutes shall comply with the provisions in s. 83.60(2). The court may not set a date for mediation or trial unless the provisions of s. 83.60(2) have been met, but shall enter a default judgment for removal of the tenant with a writ of possession to issue immediately if the tenant fails to comply with s. 83.60(2). This subsection does not apply to that portion of rent subsidies received from a local, state, or national government or an agency of local, state, or national government; however, waiver will occur if an action has not been instituted within 45 days of the noncompliance."What is the name of your state (only U.S. law)?