Signed note promising to leave

[Jpony]

What is the name of your state (only U.S. law)? FL

I have a tenant that has promised to move out by a certain date, I agreed not to charge them the last months rent if they are out by then. They are month to month, still owe $250 from the previous month. I am considering asking them to sign a note stating that anything left after that date is abandoned property and they give me permission to dispose of it. Would that be legally binding? Their incentive to sign is that I won't sue them for the back rent.

Same tenant. I have scheduled to turn the utilities off on the day after they promised to be out. The lease agreement they signed 2 years ago specifically stated that the utilities were to be put in their name. I messed up, didn't follow thru, it wasn't done, the bill came to the house and they just paid it. Couple of months ago, there was a leak that resulted in a $1000 water bill, that's when she mentions btw, it's still in your name. After it was fixed, the city credited me back the excess and the tenant promised to put the bill in her name. I decided just to ask them to leave at that point so I could sell the house. Since the utilities were supposed to be in their name to start with, can I turn them off and if they stay over, they would have to get them in their name while I file for eviction?

 

[adjusterjack]

You are utterly clueless about Florida landlord tenant law and have already made many mistakes.

I suggest you thoroughly and carefully study the Florida statutes, determine where you went wrong and get your next steps right or you could find yourself in deep financial trouble.

Here are the statutes:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/0083PARTIIContentsIndex.html

By the way, I think you'll find that it's illegal to turn off the utilities while the tenant is still there. You'll have to get the tenant out first.

I also suspect that you have not given the tenant proper written notice of termination. If you haven't, you'll have to start from scratch if the tenant is not out by the agreed date.

You are wise to sell the place once you get rid of this tenant.

 

[Jpony]

You are right, I made a couple of mistakes, the first by not following up to make sure that the tenants had abided by the terms of their lease agreement and put the utilities in their name. The second was paying a past due bill when the power got turned off by the utility company because they didn’t pay the bill as per our lease agreement. I am maybe a push over and way too sympathetic for my own good but I am not clueless. Not really sure that’s any better but…….

I am very much aware of the statute

A landlord …….. shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light ……

The catch here is, as I mentioned in my original post, I am not supposed to be furnishing any of the utilities, as per the lease they signed, they are supposed to furnish their own utilities, ie call FPL and tell them to turn them on. Before I told her I just wanted her out, she had agreed to put them in her name, just needed more time to get up the deposit, when she told me that, that’s when I told her she couldn’t afford the place anymore and needed to leave. IMHO, it would be no different from what I normally do, after a move-in date is set, I call FPL and tell them the name of the tenant and that they will be calling to have the power turned on in their name and please take it out of my name by that date. At least that’s the way I interpret the statute. If you have a different interpretation, without the attitude, I would like to hear it.

As far as proper notice, you are wrong. I am well aware of how much notice I need to give and when to give and yes in writing, hand deliver and posted. Her tenancy is from the 15th of the month. I discussed her moving out on April 12 and will post the 2 week notice on May 1.

Which is irrelevant to the initial question which is if she signs an agreement stating that I have the right to remove anything left on the property on May 16 in exchange for $1100 in forgiven rent and water bill, is it legal and binding?

 

[Zigner]

You are right, I made a couple of mistakes, the first by not following up to make sure that the tenants had abided by the terms of their lease agreement and put the utilities in their name. The second was paying a past due bill when the power got turned off by the utility company because they didn’t pay the bill as per our lease agreement. I am maybe a push over and way too sympathetic for my own good but I am not clueless. Not really sure that’s any better but…….

I am very much aware of the statute

A landlord …….. shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light ……

The catch here is, as I mentioned in my original post, I am not supposed to be furnishing any of the utilities, as per the lease they signed, they are supposed to furnish their own utilities, ie call FPL and tell them to turn them on.

You're misreading the statute. FPL is furnishing the utility, regardless of whose name it's in. If you interrupt that service, then you are violating the law.

 

[adjusterjack]

Which is irrelevant to the initial question which is if she signs an agreement stating that I have the right to remove anything left on the property on May 16 in exchange for $1100 in forgiven rent and water bill, is it legal and binding?

I'd have to say yes it would be legal and binding.

Quite often a statute will lay out a particular procedure and will say that the statute cannot be waived.

The statute for tenant's abandoned personal property goes from 715.10 to 715.111:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0715/0715.html

I don't see anything in there prohibiting the waiving of those requirements by the tenant, especially since your agreement will include monetary consideration to the tenant for that agreement.

But if you can't get the tenant to sign it, you'll have to follow the statutory provisions.

 

[Jpony]

Thank you

I am just following up on old threads, when I read other people's threads, I often wonder what the outcome is so here it is.

First, adjusterjack, thank you for the last post, from that it appears that a tenant can waive certain rights in exchange for compensation. Fortunately it didn't go that far. As I stated they were receiving and responsible for the power bill so when they didn't pay it, the power company turned it off and they were out a couple of days later. I did have to pay for a dumpster to remove everything they left behind but it was worth it.

 

[FarmerJ]

Jpony I suggest you contact your electric and gas utilities to learn if they have a service option where you can have the bill in your name when a unit is empty but as soon as you forward a copy of your lease to a new tenant with them they then take the bill out of your name and bill the tenant? I suggest you look into that and as far as water and sewer fees go even if you want tenant to pay them then maybe your leases should be written where you will pay the bill but make a copy and mail it to tenant so they have to re pay you , of course if they refuse to repay you then its a lease violation that could be used as a reason to evict ( you may also consider looking into a second very specific deposit to be paid to the water utility or you , last question too , does your water utility offer meters that report what appears to be leaks ?