QUESTION

My landlord is not accepting my 60 day end of lease notice

Asked on Feb 17th, 2015 on Residential Real Estate - Florida
More details to this question:
My roommate and I received a 60 day notice in the mail in January, 2015. Our lease is up March 23rd. I had called on the 15th to notify them, and they did not inform me over the phone that they needed it in writing (first mistake). I sent them an email the same day, to notify them. They are now claiming they did not receive it, even though I forwarded it to them (with time stamp). They are saying that we did not give substancial notice now (because I thought I was in the clear until it was brought to my attention on 2/11), and want to now charge us for April as well. The only saving grace is if a new tenant moves in after we vacate, so that we would not pay rent for April (as I will have a new place, and cannot afford to pay two rents). Is there anything I can do?
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1 ANSWER

You may have some options at your disposal.  The issue is whether the lease requires the 60 day notice and whether how you provided the notice (by phone and by email) constitute proper notice.  If the lease is ambiguous as to what consitutes a "written notice," I'm inclined to argue that the email you provided suffices as written notice.  However, if the lease dictates something like the written notice must be sent by Certified Mail, Return Receipt, that could be problematic.  Nevertheless, you may have an argument on that one.  Really, you need to have your lease reviewed by an attorney to get all of your options.  Something you may want to lookout for is whether your landlord seeks to charge that "April rent" by charging against the security deposit.  If it is a security deposit, it covers damages above wear and tear; however, many landlords try to use it for missed rent.  Your landlord has a certain notice procedure he or she must follow regarding the security deposit and mistakes can adversely affect your rights as a tenant.  The long short is that in its ugliest form, whoever the victor, the end point would likely be small claims court.  Generally, it is best to negotiate an amicable solution (if possible).  However, in my experience, you may find the services of an attorney very helpful in such an endeavor.
Answered on Feb 17th, 2015 at 12:41 PM

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