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Help. Apt complex just charged me 300 dollars for only giving 45 days vacate. FL

EliteLamerEliteLamer __BANNED USERS regular
edited April 2010 in Help / Advice Forum
Here is a scan of the lease where it says 60 days; however, FL statues and consitiution says 45 days notice as what I have given them. My lease was a 10 month lease so less than a year which makes it fall under quarterly rent correct as it cannot fall under year to year?

FUCK

Now this is what Florida says..
83.02 Certain written leases tenancies at will; duration.--Where any tenancy has been created by an instrument in writing from year to year, or quarter to quarter, or month to month, or week to week, to be determined by the periods at which the rent is payable, and the term of which tenancy is unlimited, the tenancy shall be a tenancy at will. If the rent is payable weekly, then the tenancy shall be from week to week; if payable monthly, then the tenancy shall be from month to month; if payable quarterly, then from quarter to quarter; if payable yearly, then from year to year.

History.--s. 2, ch. 5441, 1905; RGS 3568; CGL 5432; s. 2, ch. 15057, 1931; s. 34, ch. 67-254.

83.03 Termination of tenancy at will; length of notice.--A tenancy at will may be terminated by either party giving notice as follows:

(1) Where the tenancy is from year to year, by giving not less than 3 months' notice prior to the end of any annual period;

(2) Where the tenancy is from quarter to quarter, by giving not less than 45 days' notice prior to the end of any quarter;

(3) Where the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period; and

(4) Where the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.

History.--s. 3, ch. 5441, 1905; RGS 3569; CGL 5433; s. 34, ch. 67-254; s. 3, ch. 2003-5.

I tried to give them 60 days but I had no where to live lined up and when I said ok well I will be moving out the 15th of june they were going to charge me 1800.00 a month when my rent was 756.00 a month. They said they couldn't charge me what my lease said that the price becomes "market value".

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  • SpacemilkSpacemilk Registered User regular
    edited April 2010
    Personally I think the 10-month lease is going to fall under year-to-year but IANAL. I think you are a little bit screwed on this.

    However that price jump is absolutely ridiculous; does it say in your lease what the typical monthly amount is? They can't just pick a random amount. Have a friend call and ask what the month-to-month price is.

    Also most complexes are good about charging you on a per-day basis if you have to extend your lease a week or two. However, they will charge you the daily amount based on the month-to-month price, but that's better than paying a whole $1800 if you won't be using the apartment for the full month.

    Spacemilk on
  • EliteLamerEliteLamer __BANNED USERS regular
    edited April 2010
    Spacemilk wrote: »
    Personally I think the 10-month lease is going to fall under year-to-year but IANAL. I think you are a little bit screwed on this.

    However that price jump is absolutely ridiculous; does it say in your lease what the typical monthly amount is? They can't just pick a random amount. Have a friend call and ask what the month-to-month price is.

    Also most complexes are good about charging you on a per-day basis if you have to extend your lease a week or two. However, they will charge you the daily amount based on the month-to-month price, but that's better than paying a whole $1800 if you won't be using the apartment for the full month.

    FL, says that it is a month to month lease as this is determined by when you pay your rent. I pay every month so it falls under month to month lease.
    Certain written leases tenancies at will; duration.--Where any tenancy has been created by an instrument in writing from year to year, or quarter to quarter, or month to month, or week to week, to be determined by the periods at which the rent is payable, and the term of which tenancy is unlimited, the tenancy shall be a tenancy at will. If the rent is payable weekly, then the tenancy shall be from week to week; if payable monthly, then the tenancy shall be from month to month; if payable quarterly, then from quarter to quarter; if payable yearly, then from year to year.

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  • SipexSipex Registered User regular
    edited April 2010
    Tell this to the company which owns the apartment complex? Chances are, unless they're an independant buyer, that they'll be able to explain if/why this doesn't apply.

    Sipex on
  • LaOsLaOs SaskatoonRegistered User regular
    edited April 2010
    EliteLamer wrote: »
    Spacemilk wrote: »
    Personally I think the 10-month lease is going to fall under year-to-year but IANAL. I think you are a little bit screwed on this.

    However that price jump is absolutely ridiculous; does it say in your lease what the typical monthly amount is? They can't just pick a random amount. Have a friend call and ask what the month-to-month price is.

    Also most complexes are good about charging you on a per-day basis if you have to extend your lease a week or two. However, they will charge you the daily amount based on the month-to-month price, but that's better than paying a whole $1800 if you won't be using the apartment for the full month.

    FL, says that it is a month to month lease as this is determined by when you pay your rent. I pay every month so it falls under month to month lease.
    Certain written leases tenancies at will; duration.--Where any tenancy has been created by an instrument in writing from year to year, or quarter to quarter, or month to month, or week to week, to be determined by the periods at which the rent is payable, and the term of which tenancy is unlimited, the tenancy shall be a tenancy at will. If the rent is payable weekly, then the tenancy shall be from week to week; if payable monthly, then the tenancy shall be from month to month; if payable quarterly, then from quarter to quarter; if payable yearly, then from year to year.
    Deep Sky Blue for, what I believe, is the important part... if you have a lease that says you pay $756 per month and there is no end date for the lease, then you're on a month-to-month lease.

    However, if your tenancy is limited in the lease (ie: your lease runs from January 1st, 2009 to April 31st, 2010), then you're probably not considered as a month-to-month lease and are likely a year-to-year lease with a monthly payment schedule.

    LaOs on
  • EliteLamerEliteLamer __BANNED USERS regular
    edited April 2010
    LaOs wrote: »
    EliteLamer wrote: »
    Spacemilk wrote: »
    Personally I think the 10-month lease is going to fall under year-to-year but IANAL. I think you are a little bit screwed on this.

    However that price jump is absolutely ridiculous; does it say in your lease what the typical monthly amount is? They can't just pick a random amount. Have a friend call and ask what the month-to-month price is.

    Also most complexes are good about charging you on a per-day basis if you have to extend your lease a week or two. However, they will charge you the daily amount based on the month-to-month price, but that's better than paying a whole $1800 if you won't be using the apartment for the full month.

    FL, says that it is a month to month lease as this is determined by when you pay your rent. I pay every month so it falls under month to month lease.
    Certain written leases tenancies at will; duration.--Where any tenancy has been created by an instrument in writing from year to year, or quarter to quarter, or month to month, or week to week, to be determined by the periods at which the rent is payable, and the term of which tenancy is unlimited, the tenancy shall be a tenancy at will. If the rent is payable weekly, then the tenancy shall be from week to week; if payable monthly, then the tenancy shall be from month to month; if payable quarterly, then from quarter to quarter; if payable yearly, then from year to year.
    Deep Sky Blue for, what I believe, is the important part... if you have a lease that says you pay $756 per month and there is no end date for the lease, then you're on a month-to-month lease.

    However, if your tenancy is limited in the lease (ie: your lease runs from January 1st, 2009 to April 31st, 2010), then you're probably not considered as a month-to-month lease and are likely a year-to-year lease with a monthly payment schedule.

    ARG FUCK THEM.

    EliteLamer on
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  • EliteLamerEliteLamer __BANNED USERS regular
    edited April 2010
    Still my lease says nothing about charging me rent for not giving 60 days.

    EliteLamer on
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  • DogDog Registered User, Administrator, Vanilla Staff admin
    edited April 2010
    Actually, the entirety of section (i) under B. Renewal discusses the different ways your landlord is permitted to rape you fiscally for not giving 60 days.

    Unknown User on
  • SipexSipex Registered User regular
    edited April 2010
    Again, call them, the company I mean, not your landlord. They're paid to answer these questions. If something is up they're most likely going to correct it or give you a bullshit answer which will at least give you some insight.

    Sipex on
  • SentrySentry Registered User regular
    edited April 2010
    This is why serving as your own lawyer in these matters is a bad idea. Any half-decent apartment complex will have all their rules vetted by a trained professional. Meanwhile, all you have to rely upon is poor reading comprehension. It's not exactly a fair fight.

    Sentry on
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  • EliteLamerEliteLamer __BANNED USERS regular
    edited April 2010
    Yeah I am just going to move and and fail to pay the 300.00.

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  • DogDog Registered User, Administrator, Vanilla Staff admin
    edited April 2010
    Good luck getting your security deposit back and having a good credit score.

    Unknown User on
  • MoSiAcMoSiAc Registered User regular
    edited April 2010
    Couldn't that cause a lot of legal issues and credit score issues?

    MoSiAc on
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  • SipexSipex Registered User regular
    edited April 2010
    EliteLamer wrote: »
    Yeah I am just going to move and and fail to pay the 300.00.

    Question: Where are you moving? The moon? It better be somewhere your record won't follow you and these people can't get ahold of you. If you're broke then tell them this and arrange some sort of payment plan. Posters have mentioned before how stuff like this can affect you many years down the road for not only apartment renting and other credit related activities but also for jobs (depending on how deep of a check the place does).

    The answer to problems involving money is never to simply ignore it.

    Sipex on
  • EliteLamerEliteLamer __BANNED USERS regular
    edited April 2010
    robothero wrote: »
    Good luck getting your security deposit back and having a good credit score.

    They don't have one and I can go buy a BMW on my credit card. Failing to care.

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  • UsagiUsagi Nah Registered User regular
    edited April 2010
    That's a terrible idea.

    Usagi on
  • DogDog Registered User, Administrator, Vanilla Staff admin
    edited April 2010
    Good luck.

    Unknown User on
  • EliteLamerEliteLamer __BANNED USERS regular
    edited April 2010
    Sipex wrote: »
    EliteLamer wrote: »
    Yeah I am just going to move and and fail to pay the 300.00.

    Question: Where are you moving? The moon? It better be somewhere your record won't follow you and these people can't get ahold of you. If you're broke then tell them this and arrange some sort of payment plan. Posters have mentioned before how stuff like this can affect you many years down the road for not only apartment renting and other credit related activities but also for jobs (depending on how deep of a check the place does).

    The answer to problems involving money is never to simply ignore it.

    They are dbags.. I say I am moving out on the 15th they charge me 900.00 for 15 days. I say I am moving out on the date on the lease they charge me 300.00.. They really are not working with me at all.

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  • UsagiUsagi Nah Registered User regular
    edited April 2010
    Well no offense but you didn't follow your lease, so they sort of have the right to be dbags a bit.

    Pay the 300 and stop being an idiot

    Usagi on
  • DogDog Registered User, Administrator, Vanilla Staff admin
    edited April 2010
    This is what happens when you don't follow the provisions in the lease. You can either chalk it up as a learning experience and pay the 300, or continue to ignore all of the advice given in this thread and enjoy creditors chasing you down for a very long time and ruining your credit score and ability to "buy a BMW on a credit card" (which, by the way, is a hilariously Bad Idea).

    Unknown User on
  • EliteLamerEliteLamer __BANNED USERS regular
    edited April 2010
    Usagi wrote: »
    That's a terrible idea.



    You know I thought so too but my friend is proof that walking out on leases doesn't fuck you over like you would think. She has walked out on 3 in 2 years and doesn't get any calls or anything and can still get an apartment. I have moved 3 times and have never had anyone try to charge me fucking 300.00 to 900 dollars for shit like this.

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  • EliteLamerEliteLamer __BANNED USERS regular
    edited April 2010
    Usagi wrote: »
    Well no offense but you didn't follow your lease, so they sort of have the right to be dbags a bit.

    Pay the 300 and stop being an idiot

    These are the same dbags that gave the entire building 5 days to vacate for not paying on the first of the month when the lease says you have too the 4th. My neighbor just walked out on his lease and he has the money. So did the guy above me.. They are dbags. I live next to two engineers that said, fuck them they are dicks and walked out on it.

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  • UsagiUsagi Nah Registered User regular
    edited April 2010
    If that sort of crapshoot is a risk you're willing to take (and not just leases and car loans, credit score can prevent you from getting a job) then do what you want, since you seem to have made your mind up before you even posted looking for advice.

    Usagi on
  • EliteLamerEliteLamer __BANNED USERS regular
    edited April 2010
    robothero wrote: »
    This is what happens when you don't follow the provisions in the lease. You can either chalk it up as a learning experience and pay the 300, or continue to ignore all of the advice given in this thread and enjoy creditors chasing you down for a very long time and ruining your credit score and ability to "buy a BMW on a credit card" (which, by the way, is a hilariously Bad Idea).

    I have money because I am cheap, not because I make a ton of money and drive a beater.

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  • DogDog Registered User, Administrator, Vanilla Staff admin
    edited April 2010
    I don't really care, as that's not relevant to the thread at any point.


    Pay your landlord.

    Unknown User on
  • EliteLamerEliteLamer __BANNED USERS regular
    edited April 2010
    I think what I am going to do is go complain and get it knocked down or off. They prob don't want to put up with me for the next 2 months being angry.

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  • Captain VashCaptain Vash Registered User regular
    edited April 2010
    This is going to work out very badly for you in the future.

    Do not simply ignore the situation. Talk to the manager, see if you guys can't work out a mutually equitable solution.

    Captain Vash on
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  • EliteLamerEliteLamer __BANNED USERS regular
    edited April 2010
    This is going to work out very badly for you in the future.

    Do not simply ignore the situation. Talk to the manager, see if you guys can't work out a mutually equitable solution.

    Yeah thats what I am going to do. They don't have to charge me anything.

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  • SentrySentry Registered User regular
    edited April 2010
    EliteLamer wrote: »
    I think what I am going to do is go complain and get it knocked down or off. They prob don't want to put up with me for the next 2 months being angry.

    Why not? You're already moving out. There's nothing you can hold over them.

    Sentry on
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    wrote:
    When I was a little kid, I always pretended I was the hero,' Skip said.
    'Fuck yeah, me too. What little kid ever pretended to be part of the lynch-mob?'
  • EliteLamerEliteLamer __BANNED USERS regular
    edited April 2010
    Sentry wrote: »
    EliteLamer wrote: »
    I think what I am going to do is go complain and get it knocked down or off. They prob don't want to put up with me for the next 2 months being angry.

    Why not? You're already moving out. There's nothing you can hold over them.

    Because I can go up to the office and annoy them every fucking day for 45 days. People hate to deal with that and will do anything to get you to go away.

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  • DogDog Registered User, Administrator, Vanilla Staff admin
    edited April 2010
    You are severely underestimating the lack of caring that apartment complex managers are capable of.

    Unknown User on
  • Captain VashCaptain Vash Registered User regular
    edited April 2010
    This is definitely not a "hold anything over them" situation.

    This is a "I only have $ X.XX available to me, I wasn't expecting this situation, I'm sorry I put us both here, maybe I could pay the pro-rated amount of my current monthly rent, that way you guys get paid, and I don't feel ripped off / have to walk out on a bill." type situation.


    This is a "level with me" scenario, not time for bull shit childish antics like "see how annoying I can be"

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  • EliteLamerEliteLamer __BANNED USERS regular
    edited April 2010
    robothero wrote: »
    You are severely underestimating the lack of caring that apartment complex managers are capable of.

    Odd I got them to drop a 200 dollar fee before.

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  • EliteLamerEliteLamer __BANNED USERS regular
    edited April 2010
    This is definitely not a "hold anything over them" situation.

    This is a "I only have $ X.XX available to me, I wasn't expecting this situation, I'm sorry I put us both here, maybe I could pay the pro-rated amount of my current monthly rent, that way you guys get paid, and I don't feel ripped off / have to walk out on a bill."

    That is pretty much what I was going to do..

    Say ohh im a broke college student can you cut this in half or something.

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  • ThanatosThanatos Registered User regular
    edited April 2010
    This sounds solved.

    Thanatos on
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