Failed to pay rent, lease ends soon

[jermiaalson]

If owner wants to sue, when that 5 years term --Sec. 95.11(2)(b), Fla. Stat-- starts? From October 3rd 2020 or from the date on which the lease ends?

 

[adjusterjack]

If owner wants to sue, when that 5 years term --Sec. 95.11(2)(b), Fla. Stat-- starts? From October 3rd 2020 or from the date on which the lease ends?

Depends. If the breach of contract occurred in October it's 5 years from October. If the breach occurred when the lease ends (last month not paid because October and ensuing months are paid) then 5 years from the end of the lease. I can almost guarantee that no landlord is going to wait 5 years to sue you.

You would be foolish to insist that only October's rent remains unpaid. October's rent is accruing late fees of $8 per day for the past 8 months. That's about $240 per month or about $1920 plus whatever accumulates between now and the end of the lease when you move out.

I have read the Florida landlord-tenant statutes many times and I don't recall seeing any limit on late fees or anything on how they are computed.

 

[jermiaalson]

Depends. If the breach of contract occurred in October it's 5 years from October. If the breach occurred when the lease ends (last month not paid because October and ensuing months are paid) then 5 years from the end of the lease. I can almost guarantee that no landlord is going to wait 5 years to sue you.

You would be foolish to insist that only October's rent remains unpaid. October's rent is accruing late fees of $8 per day for the past 8 months. That's about $240 per month or about $1920 plus whatever accumulates between now and the end of the lease when you move out.

I have read the Florida landlord-tenant statutes many times and I don't recall seeing any limit on late fees or anything on how they are computed.

I have not provided full details on late fee payment/breach of contract. My aim is to see if the owner can sue me, even after I leave. I thankfully received YES feedback for that and, now, I do understand that I will be in trouble if the owner sue me now or any time in the next 5 years (whether it is from Oct 2020 or from the date of lease expires).

 

[adjusterjack]

You understand now that, in your final month in residence, you will owe two months rent. Are you going to pay it?

 

[jermiaalson]

Yes I will pay October 2020 rent with penalty, and June 2021 rent, in the next 3 days. Lease expires on June 30, 2021. This forum helped me, great job!

 

[Taxing Matters]

You would be foolish to insist that only October's rent remains unpaid.

I disagree. If the lease does not expressly state how rent payments are applied I could very well make a good argument that that only October remains unpaid, especially if the tenant designated the later payments for the later months.

 

[adjusterjack]

The LL could certainly argue that in the hopes of a big windfall in late fees. I didn't say that the tenant couldn't argue it, just that he'd be foolish to do so, possibly facing 8 months worth of late fees.

 

[Taxing Matters]

The LL could certainly argue that in the hopes of a big windfall in late fees. I didn't say that the tenant couldn't argue it, just that he'd be foolish to do so, possibly facing 8 months worth of late fees.

I disagree that it's foolish to make the argument should the landlord try to get all those late fees. The best thing to do is offer all the rent owed at the end of the lease in exchange for an agreement that the lease is fully satisfied and hope that the landlord does not bring up any late fees. But if the landlord tries to go for a lot of late fees, then it may be time to start lining up the arguments against that.

 

[zddoodah]

Is it legally possible for the owner to sue me, after the lease ends, for that default rent?

Yes. It is possible for anyone to sue anyone for anything. And, in this case, you've provided no reason to think the landlord couldn't sue successfully.

If owner wants to sue, when that 5 years term --Sec. 95.11(2)(b), Fla. Stat-- starts? From October 3rd 2020 or from the date on which the lease ends?

The former, because that's when you breached the contract and have never cured that breach.