Month To Month Lease Clause
I had a tenant just move out without giving any notice. He has been on a month to month lease for almost a yr and a half. There is a clause in the lease to give 30 days notice when moving. I generally keep the deposit if they break the lease like this, however I inadvertantly used a lease for a different property that I rent out and it stated that I would pay the water and sewer. He was already in the unit paying his own water and sewer and it was never my intention to pay those utilities and he didn't expect me to either and he never noticed the clause until he moved out. Now he thinks he has me by the short and curly's and says he will forget all the past water/sewer bills if I give him his deposit back. By the way, the place is trashed with tons of stuff left behind and the walls are brown from cigarette smoke. I'm just wondering if he would have any claim to the past water/sewer bills. The way I figure it, if he would have noticed it at any point during his tenancy, I would have changed his lease the next month and removed the clause, and I would have been resposible for only one month.
Do I have any legs to stand on here or would I be liable for his water/sewer bills if it went to the judge?
Any response appreciated.
btw, I'm in Florida.
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Swetbak[ Edited by swetbak on Date 04/14/2004 ]
Well you don't tell us how muchthe wate and sewer bills amount to so its hard to know .. . .
Send him a letter explaining that the repairs and the lack of notice have far exceeded the value of his security deposit and that you are not refunding it. Ignore the water/sewer bill issue.
Worst that can happen is that he will file suit for the water and sewer bills. Not likely given how much it would cost to do so. You will counterclaim for the damages to the house. One or the other of you will figure out that the legal bills are going to exceed the value of the claim and will fold.
Speak with a lawyer to make sure there's nothing in Florida law or some local thing that gets you into trouble. Assuming your lawyer tell you your okay…
Tell your former tenant that as he did not comply with the terms of the lease (no 30 day warning, filthy apartment, etc.), he has forfeited his security deposit.
As for the utilities, keep quiet. If he wants that money, he'll have to go to court to get it. He won't do it. Besides, did you ask him to pay those bills? No. Did you force him to pay those bills? No. He just took the bills and paid them out of the goodness of his own heart. That deserves a "Thanks a lot", not a refund. At no point did he ask for that money back while he was living there, right? So why does he deserve it back now?
Good luck
Thanks guys. This guy is singing a different tune now. He probably thinks it's in his best interest to be sweet to me if he wants to see any of his $$. I've decided to not let the water/sewer bill affect my decision at all. If he wants to try the courts, I'm up for that.