If a landlord changes rent due date,does lease need to be redone to enforce late fees?

[MissAD]

I live in Florida and at my last rental the landlord proposed we could pay rent biweekly..in the original lease we had a 5 day grace period.july we had hit a financial issue and broke up the second portion of rent ..they accepted and said nothing.same thing happened the following month with second portion of rent,then they said something and asked for $125 late fee..we responded with late fees were never discussed with new terms.don't we have a 5 day grace period? They said no...the remainder of the rent we werent late.so after we moved out the landlord had texted saying out of the $1000 deposit we will be getting $650 back...well on day 30 we had texted asking where the itemized receipt was..we were under the assumption we had to receive it within 30 days.she got angry we even asked and just yelled at us saying she knows her rights and she is gonna cancel the check she had sent with it days ago.day 31 we receive it showing it was sent the night before at 8pm.well the letter said we are only getting $225 back out of the $1000.we sent a letter back saying we disagreed with late fees and would like $875 back(we painted one wall in a bedroom they want $100..even though we painted a whole Florida room and that was ok and not charged for.$25 for a statue,we are unsure of what they are even talking about).well that was back in october when we moved out..we would like to do mediation before going to small claims,.the landlord tends to let her emotions get the best of her.so my.questions are once a new due date outside the lease is made can a landlord just make up their own terms without discussing it or having an addendum written up? Since the original lease states there is a 5 day grace period,wouldnt it apply to the biweekly.arrangements? I just want some advice on this and advice on what our next steps are..if they spent a dollar of our $1000 would they be forced to forfeit any claim to that deposit? I kinda feel they think we gave up on us wanting it and might of spent that money....

 

[ajkroy]

I live in Florida and at my last rental the landlord proposed we could pay rent biweekly..in the original lease we had a 5 day grace period.july we had hit a financial issue and broke up the second portion of rent ..they accepted and said nothing.same thing happened the following month with second portion of rent,then they said something and asked for $125 late fee..we responded with late fees were never discussed with new terms.don't we have a 5 day grace period? They said no...the remainder of the rent we werent late.so after we moved out the landlord had texted saying out of the $1000 deposit we will be getting $650 back...well on day 30 we had texted asking where the itemized receipt was..we were under the assumption we had to receive it within 30 days.she got angry we even asked and just yelled at us saying she knows her rights and she is gonna cancel the check she had sent with it days ago.day 31 we receive it showing it was sent the night before at 8pm.well the letter said we are only getting $225 back out of the $1000.we sent a letter back saying we disagreed with late fees and would like $875 back(we painted one wall in a bedroom they want $100..even though we painted a whole Florida room and that was ok and not charged for.$25 for a statue,we are unsure of what they are even talking about).well that was back in october when we moved out..we would like to do mediation before going to small claims,.the landlord tends to let her emotions get the best of her.so my.questions are once a new due date outside the lease is made can a landlord just make up their own terms without discussing it or having an addendum written up? Since the original lease states there is a 5 day grace period,wouldnt it apply to the biweekly.arrangements? I just want some advice on this and advice on what our next steps are..if they spent a dollar of our $1000 would they be forced to forfeit any claim to that deposit? I kinda feel they think we gave up on us wanting it and might of spent that money....

Did your original lease address late fees?

 

[MissAD]

Yes..$25 a day after grace period

 

[ajkroy]

When did you actually pay rent? Your story is a little convoluted, but I would expect a fee of $125 for the 6th day.

 

[Gail in Georgia]

"I live in Florida and at my last rental the landlord proposed we could pay rent biweekly..in the original lease we had a 5 day grace period.july we had hit a financial issue and broke up the second portion of rent ..they accepted and said nothing.same thing happened the following month with second portion of rent,then they said something and asked for $125 late fee..we responded with late fees were never discussed with new terms.don't we have a 5 day grace period?"

It would appear that the proposal for the biweekly rent pay by the landlord was for your benefit financially. Despite that help you did not meet your payment requirements for the second portion of rent, not once but twice, correct? You don't get a 5 day grace period in ADDITION to this biweekly payment benefit.

At any rate, if you disagree with what was kept out of your security deposit you always have the right to sue for this since this is your money. It is suggested that if you do go the legal route try to make this simple to explain in court since your description is a little confusing here.

Good luck...

Gail

 

[MissAD]

On lease it was due the 1st..fees would start the 6th..she wants to charge late fees from the 15th on

 

[Gail in Georgia]

That would seem to make sense if your rent is now due bi-weekly and you failed to pay the second full payment.

Gail

 

[MissAD]

There is nothing in writing of the biweekly agreement,but it can still be enforced? Now since they still have our money,if they spent any of it then what happens? Can I ask for proof of where the money is now?

 

[Gail in Georgia]

Florida's landlord/tenant statutes on security deposits

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.49.html
Gail

 

[MissAD]

Yes, the lease has to be redone to enforce late fees as the due date in the previous lease is a different one.
For things to be clear and properly proven in the court of law, this is necessary.

That's what I was thinking.if I was a landlord I would redo the lease and specifically state what the new terms are.if my tenant had late fees I would send a letter stating the late fees and ask for it to be included in next months rent .should we hire a lawyer for small claims? My understanding is if we win they have to pay for our lawyer and court fees.we would like to not have to go to court and do mediation,but I feel she would refuse. Do we even try to reach out and talk now? Can we ask for proof of the deposit without going to court? I've read that of theh spent even $1 then they forfeit any claim to it

 

[xylene]

Any common sense reading of this says you owe the fees and should be grateful your landlord allowed you to make biweekly payments at all.

 

[reenzz]

On lease it was due the 1st..fees would start the 6th..she wants to charge late fees from the 15th on

Would you prefer that they charge late fees starting the 6th...as per the lease?

 

[MissAD]

Any common sense reading of this says you owe the fees and should be grateful your landlord allowed you to make biweekly payments at all.

I understand she was helping us out.we appreciate that and have even told her.i could say that being a landlord it's common sense If you change the agreement you need it in writing.there are many other things that happened and we dealt with it because of her helping us out.like the drainfield collapsed and sewage was backing up in the shower and toilet.we had our only non working toilet out of use for days,water seeping in the house cause there was a huge gap under window and destroyed furniture,fire ant infestation in the whole house (fire ants were biting all of us including a baby and child)and took over 30 days for her to call a bug guy.trust me there are things that happened which showed her true character.i no way want to take advantage of anyone.after we moved out she did text saying we would be getting $650 back and since we reminded her the 30 days was up she held that against us and decided to change the amount we were getting

 

[Gail in Georgia]

Again, if you disagree with what was kept out of your security deposit your option is to sue for this in Small Claims court.

Gail

 

[reenzz]

I understand she was helping us out.we appreciate that and have even told her.i could say that being a landlord it's common sense If you change the agreement you need it in writing.there are many other things that happened and we dealt with it because of her helping us out.like the drainfield collapsed and sewage was backing up in the shower and toilet.we had our only non working toilet out of use for days,water seeping in the house cause there was a huge gap under window and destroyed furniture,fire ant infestation in the whole house (fire ants were biting all of us including a baby and child)and took over 30 days for her to call a bug guy.trust me there are things that happened which showed her true character.i no way want to take advantage of anyone.after we moved out she did text saying we would be getting $650 back and since we reminded her the 30 days was up she held that against us and decided to change the amount we were getting

The landlord did not change the agreement. You changed the agreement when you failed to pay rent as agreed. The landlord was not required to draw up a new lease to suit your needs. Most landlords would have evicted you for violating the lease.