Naples, FL asked in Landlord - Tenant for Florida

Q: Is a FL landlord allowed to ask for more money for prior months? He is demanding $100 each for Jan-May totaling $500.

It is a month to month lease

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2 Lawyer Answers
Steve Louis-Charles
Steve Louis-Charles
Answered
  • Landlord Tenant Lawyer
  • Miami, FL
  • Licensed in Florida

A: The agreement that both parties came to at the very beginning of the oral lease is the final agreement. It may not be altered or arbitrarily modified unilaterally by any party. Thus your landlord may not ask for additional monies to be applied towards rent of months gone by.

Erik Andrew Perez
Erik Andrew Perez
Answered
  • Landlord Tenant Lawyer
  • Miami, FL

A: It depends on the month to month rent that was agreed to between the parties. If you agreed to an $800 month to month rental agreement and the landlord accepted $800 payments through the month of May, then the landlord would not be entitled to ask for an additional $100 for each past month which would total a $900 monthly rental payment and a cumulative total of $500 owed in the eyes of the landlord. Despite his/ her request, the landlord is not entitled to the extra money under the circumstances above. However, landlord may terminaate the tenancy by providing 15 days notice. I'd suggest negotiating with the landlord to establish a new month to month rental agreement that works for both parties. Please contact me if you would like to discuss further.

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