Kissimmee, FL asked in Landlord - Tenant for Florida

Q: inadequate notification fee landlord tenant

Thanks Mr Minnick for that answer but I made an error in my post

7/9 contact landlord about renewal, asked for hard copy of new lease to review, told everything is electronic on rentcafe and they have no info yet but would get in touch

7/16 letter left on door various terms & amounts, reminder of sixty day notice requirement, reminder to maintain insurance and notice that if I do not respond to letter will go month to month requiring a sixty day notice

7/19 the last day to provide notice w/o penalty, emailed BH management with a term & amount in letter

have trouble getting into their electronic system, RentCafe to view lease (new managers & system as of 6/2021)

8/4 review actual lease rent has increased from the offer letter, gave notice and told I am required to give 60 days penalty applies

How can this possibly be legal? In FL we are required to give 60 day notice, but when is the landlord expected to provide the actual contract to review?

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Landlord Tenant Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: Based solely on your stated set of facts--and not having had any opportunity to READ all the relevant documents--I will advise you that it doesn't appear the parties ever reached a "meeting of the minds" as to acceptance of the new lease.

Since the landlord gave the tenant a selection of different leases with different terms four days before the 60 day notice period, and since the tenant selected one of the alternatives before the 60 day period started, the landlord cannot argue that tenant did not timely inform landlord of tenant's intention to stay--at the terms tenant selected.

Since the landlord ignored the tenant's choice and sent over a proposed lease with unacceptable terms, the landlord will be estopped from claiming the tenant was too late in rejecting the altered terms.

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