Can my landlord charge me for this?
May 10th, 2011 | 
Author: I moved all my belongings out and am no longer at the residence. We are in a dispute of “not giving them the proper notice”. I rented 4 weeks of July and the first 4 days of August. and moved out Aug.6 (I know if anything I owe them for that extra week though. Their just claiming more thats why we are in a dispute. We had an oral agreement to pay weekly and had no agreement on how long I was to stay or when I would have to give notice.
Florida Statute
83.06 Right to demand double rent upon refusal to deliver possession.–
(1) When any tenant refuses to give up possession of the premises at the end of the tenant’s lease, the landlord, the landlord’s agent, attorney, or legal representatives, may demand of such tenant double the monthly rent, and may recover the same at the expiration of every month, or in the same proportion for a longer or shorter time by distress, in the manner pointed out hereinafter.
(2) All contracts for rent, verbal or in writing, shall bear interest from the time the rent becomes due, any law, usage or custom to the contrary notwithstanding.
History.–ss. 4, 6, Nov. 21, 1828; RS 1759; GS 2235; RGS 3554; CGL 5418; s. 34, ch. 67-254; s. 427, ch. 95-147.
Section 83.57, F.S.
Termination of tenancy without a specific term – days of written notice required (prior to termination):
Weekly ——— 7 days
Monthly ——– 15 days
Quarterly ——- 30 days
Yearly ———- 60 days
Also could I fall under this?
Non-Payment of Rent
Section 83.56(3), F.S.
The landlord must serve you, the tenant, a written notice allowing three days (excluding weekends and legal holidays) for you to pay the rent or move from the premises. If you do not pay the rent or move, he/she may begin legal action to evict you.
In order for the landlord to gain payment of rent or possession of the dwelling, he/she must file suit in county court. If the court agrees with the landlord, you will be notified in writing. You then have five days (excluding weekends and legal holidays) to respond – also in writing – to the court. If you do not respond or a judgment is entered against you, the clerk of the county court will issue a “Writ of Possession” to the sheriff who will notify you that eviction will take place in 24 hours.
I know I cannot win anything on YA but I was asking if anyone knew anything about this and what the terms meant.
It was also a room I was renting from them out of their house that they lived in so I don’t have anyone to contact that is higher in the complex
I never gave written notice because I did not know that was the law and at the time they were fine with that. Now I feel as if they are just trying to get money out of me. I had agreed to pay them for the days from Aug.4th to Aug.15 and they did not accept it and said they would only settle for 800 which would be for $400 for the weeks in August and $200 for the 15 days notice and whatever the interest would be (which doesn’t make sense, Im not wuite sure if he knows what he is talking about).
I am trying to resolve this with the landlord and dont want to cause issues but I dont want to pay an amount that he assumes I owe.
Posted in Landlord Tenant Law
Any payment disputes have to be worked out in court- NOT on YA.
You always have the right to dispute any charges in court. You may not win but you always have the right to file.
You can fall under both sections…if they chose to “evict” you for non-payment then they have to take you to court to try and get the money which can become a very long and expensive process for them.
They do have the right to charge you rent for the month of August since you did not give them enough warning of when you were moving out. Doubling the rent is a little odd though. I would try and talk to the highest person you can with the apartment complex to work out some sort of arrangement so that you can come to terms.
All in all they just want their money for August
From what you have provided. You will owe him the one week you were in the residence, and one week that you failed to give notice. That’s two weeks rent in total. That seems to be all. But talk to a lawyer just to make sure where you stand!
If your tenancy is weekly (verbal or written), then you need to give 7 day notice to the LL. Did you give any notice at all? If not, then you’re responsible to pay the rent until 7 days after notice received by your LL. You said you moved out on Aug 6, that’s mean you suppose to give the notice on or before July 30. If you give notice on Aug 6, then you will have to pay rent until Aug 15. You’re not the #1 case cos’ you already “abandon” the place. You case is partly “non-payment of rent” cos’ the LL has to file for eviction to gain repossession of an abandoned unit IF you just simply disappeared but look like he has found you and ask you to return the possession without filing to the court.
If you were renting weekly than you had to give 7 days written notice.
Did you give them a deposit? If so, expect a weeks worth of rent and the days you stayed in August to be deducted if you didn’t give them notice.
The eviction process would be a waste of time and money since you have already left.
When you are renting a room in a house, it is usually pretty informal, as opposed to renting in an apartment complex. You probably had a verbal agreement with no set term as far as how long you would be renting the room. It sounds like you were renting by the week, so you would only be required to give them a week’s notice to vacate. It sounds like you only gave 2 days notice, so you would still owe rent for the 7 days after you actually gave notice. Usually, written notice is required, but in this kind of situation giving notice verbally is common.