Failed to pay rent, lease ends soon

[jermiaalson]

What is the name of your state? Florida

Rented a business property. Rent is due by 3rd day of each month as per lease agreement signed. Many months ago, I failed to pay a month’s rent due to business losses and never paid it. Owner didn’t ask either. Soon the lease will end and I leave. Is it legally possible for the owner to sue me, after the lease ends, for that default rent? There is no security deposit.

 

[Just Blue]

What is the name of your state? Florida

Rented a business property. Rent is due by 3rd day of each month as per lease agreement signed. Many months ago, I failed to pay a month’s rent due to business losses and never paid it. Owner didn’t ask either. Soon the lease will end and I leave. Is it legally possible for the owner to sue me, after the lease ends, for that default rent? There is no security deposit.

Yes.

 

[Ohiogal]

What is the name of your state? Florida

Rented a business property. Rent is due by 3rd day of each month as per lease agreement signed. Many months ago, I failed to pay a month’s rent due to business losses and never paid it. Owner didn’t ask either. Soon the lease will end and I leave. Is it legally possible for the owner to sue me, after the lease ends, for that default rent? There is no security deposit.

Yes.. Because you are a month behind. You have not paid the CURRENT rent. Your rent payments are most likely applied to the oldest portion first. Expect to be sued for rent and late fees as well as any damages.

 

[jermiaalson]

Yes.. Because you are a month behind. You have not paid the CURRENT rent. Your rent payments are most likely applied to the oldest portion first. Expect to be sued for rent and late fees as well as any damages.

I did not pay rent for October 2020 only. Except for that October 2020 rent, I have been paying all rents, before October 2020 and after October 2020.

 

[Just Blue]

I did not pay rent for October 2020 only. Except for that October 2020 rent, I have been paying all rents, before October 2020 and after October 2020.

When you paid Nov rent it was applied to Oct...when you paid Dec it was applied to Nov...etc. That's how it works. They can sue you and likely win. Just pay the outstanding rent/fees and save your credit.

 

[jermiaalson]

When you paid Nov rent it was applied to Oct...when you paid Dec it was applied to Nov...etc. That's how it works. They can sue you and likely win. Just pay the outstanding rent/fees and save your credit.

Now I got it.
However, each month, on the rent checks I send/sent to owner, opposite to "For/Memo", I clearly write the month and year of the rent to which that check is written or applied to. As example, on January 2021 rent check I wrote "Rent for January 2021 for the property at..." Still what you said is true?

 

[Just Blue]

Now I got it.
However, each month, on the rent checks I send/sent to owner, opposite to "For/Memo", I clearly write the month and year of the rent to which that check is written or applied to. As example, on January 2021 rent check I wrote "Rent for January 2021 for the property at..." Still what you said is true?

Still true. You can write whatever but that doesn't mean the LL "must" apply the payment that way. You are not/likely going to be given a free pass because the LL didn't ride you about the missed payment...perhaps he was being a nice LL and cutting you some slack during the pandemic. You know you owe the $$, so just pay what you owe.

 

[jermiaalson]

If owner wants to sue me for this, how much time he has to file a lawsuit after the lease ends, that is after I leave the property?

 

[jermiaalson]

Is it 5 years? Sec. 95.11(2)(b), Fla. Stat

 

[adjusterjack]

Yes, 5 years based on a written contract. 5 years from the breach which will be when you move out leaving the final month's rent unpaid.

 

[bcr229]

According to your lease, how much is the late fee?

 

[jermiaalson]

$8 per day.

 

[bcr229]

So add up $8/day since last October 3rd plus the rent for May (since what you thought was May's payment would have been applied to April) and get that payment to your landlord ASAP if you don't want to get sued.

 

[Taxing Matters]

When you paid Nov rent it was applied to Oct...when you paid Dec it was applied to Nov...etc. That's how it works. They can sue you and likely win. Just pay the outstanding rent/fees and save your credit.

Not necessarily. We have not seen the lease nor have we seen the payments and whatever accompanied the payments. The payment designated by the tenant is indeed relevant to this, particularly if the lease does not directly address application of payments (and many leases, in my experience, do not).

 

[Just Blue]

Not necessarily. We have not seen the lease nor have we seen the payments and whatever accompanied the payments. The payment designated by the tenant is indeed relevant to this, particularly if the lease does not directly address application of payments (and many leases, in my experience, do not).

Fair enough. But he still owes October's rent + fees.