I was renting a property for ten years in Sunrise, Florida. The last 2- 3yrs I didn\’t have a signed lease. During that same period of time they took advantage of that by raising my rent, but even after that I still never signed a new lease. Recently I moved out of the property due to financial constraints, but according to my research before moving if a tenant doesn;t have a signed least in the state of Florida the tenant is basically on \”month to month\” The manager is now threatening to send me to collections. Does she have any legal grounds without a signed lease since 2006? Can she report me to a collection agency in an attempt to ruin my credit? If not how can I make sure she doesn\’t ?
That\’s not entirely true, although it may be the net effect. After your lease ended, you did not have a lease. In FL, if there is no agreement as to the duration of the tenancy (such as a written lease), the duration is determined by the periods for which rent is payable. If rent is payable monthly, then it is deemed to be a month to month tenancy. See FL Statute 83.46(2) copied below. \n\nYou did not mention if you gave the appropriate notice. For a month to month tenancy, you are required to give written notice at least 15 days prior to the end of a month. If not, you will have to pay for the next month even if you move out. See FL Statute 83.57(3) copied below. \n\nYou insinuated but did not state that the reason your landlord is threatening to sue you is because she alleges you broke a lease (which you claim does not exist). I think you had a month to month tenancy as described above, so the you would not be liable to the landlord for breaking a \”lease\” (again, which you claim does not exist). However, you could be liable to the landlord for other reasons: an additional month\’s rent if you didn\’t give notice, property damage, or other. She can certainly sue you for those things if she is entitled to be paid for those things. \n\nAgain, without you stating exactly WHAT the landlord thinks s/he can collect from you and why, I can\’t advise. If you don\’t owe the landlord any money, tell them to take you to court and explain it to the judge. \n\nHope that helps.\n\n83.46 Rent; duration of tenancies.– \n(2) If the rental agreement contains no provision as to duration of the tenancy, the duration is determined by the periods for which the rent is payable. If the rent is payable weekly, then the tenancy is from week to week; if payable monthly, tenancy is from month to month; if payable quarterly, tenancy is from quarter to quarter; if payable yearly, tenancy is from year to year. \n\n83.57 Termination of tenancy without specific term.–A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows: \n(3) When the tenancy is from month to month, by giving not less than 15 days\’ notice prior to the end of any monthly period; \n\n
Sarah Grosse
Sarah Grosse, Esquire
sarahgrossejd@hotmail.com
New Port Richey, FL 34655