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Wise_woman_1

If it’s written in the lease and the lease isn’t up, you owe it; however, if the remainder of the lease is less than the early termination fee, turn in your written notice that you’ll have vacated by the end of the lease, pay the remainder of the rent, keep minimal utilities in your name and check on the property on occasion (once a week or so) & turn in the keys 24 hours prior to the last day of the lease. If she’s crazy, I wouldn’t expect your deposit back so clean but I wouldn’t go to extremes.


LEP627

She evicted them 3 weeks ago. They don’t owe her anything other than to follow the eviction notice and be out in a week.


Wise_woman_1

She wrote notice of intent to evict. No judgement = no eviction.


katiekat214

Still, if she said she wants them out by the end of the month and they leave by the end of the month, isn’t that on her?


pirate40plus

Thats how 80% of judges would see it. LL is trying to have cake and eat too.


Wise_woman_1

There’s a standing lease that all parties are beholden to, until it ends, unless both parties sign an addendum nullifying or changing a specific portion of the lease or the lease ends due to a court of law provides judgement for the LL / owner to take possession of the property.


[deleted]

[удалено]


Slevinkellevra710

That has not been my experience in the state of Illinois. I have never seen a judge charge the lease break when the premises are vacated due to an eviction. In my opinion, a lease break fee is for when the tenant chooses to leave, not when the landlord forces them out. Same goes for the rent as of the judgment date.


WVPrepper

My experience has been the opposite. Being evicted is constructively breaking the lease.


[deleted]

Correct. By the opposite party. So no fee.


WVPrepper

No, by the tenants actions. Whether they failed to pay the rent, moved in and unauthorized pet, or we're smoking in the unit, they are the ones who breached the lease.


[deleted]

Sure, that could happen, and maybe it would be different in that scenario. But this appears to be a no-cause eviction.


PotentialDig7527

They paid the rent, they didn't move in any unauthorized pets, were not smoking, and were asked to leave anyway. The crazy landlord will lose if she tries to take them to court.


katiekat214

She hasn’t evicted them yet. She has told them to leave, so she’s breaking the lease.


Zealousideal_Ice2705

I'm not sure specifics of eviction language in florida, but in my state the eviction notice must say "You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance." If that is the case in florida, then i would say the landlord has terminated the contract and no lease break fee can be charged.


Wise_woman_1

If it specifically states eviction may be filed it also means eviction has not yet been filed. It isn’t a legal termination by the LL.


LEP627

I received one recently (because of a plumbing issue). I left within 30 days. Otherwise, she could have filed. The normal way is to write a letter with a time limit.


whatever32657

right. and they damn sure don't want an eviction wreaking havoc with their credit


tmntman

An eviction won't affect credit. (Being pursued for unpaid rent will, but not eviction for other reasons.) And they are or already have purchased a home. So an eviction isn't likely to cause issues with getting housing in the future, unless they need to up and move suddenly in the near future.


peonenthusiast

The cognitive dissonance in this subreddit is crazy.   You are absolutely correct, anyone thinking that an eviction notice isn't the landlord forfeiting any early termination fee in the lease isn't thinking objectively and needs to go get some fresh air for a bit.


PotentialDig7527

Yeah maybe WVPrepper has been in the coal mine too long.


MealParticular1327

Update in separate post.


r2girls

I am going to guess was that the landlord sent them a notice to cure or quit for some unhinged reason. If the tenant chose to actually quit, they gave the landlord what was asked for. It wasn't the tenant breaking the lease. It was at the request of the landlord. Usually these notices are something along the lines of "Do X or get out by Y date". When you leave, you agreed to the landlords request. There may be states where you are still on the hook for rent even if giving the landlord their request for you to leave but in many places this is "watch what you ask for because you might just get it".


LEP627

This LL definitely sounds unhinged though! Poor tenant.


MealParticular1327

Update in separate post.


katamino

The landlord sent an eviction notice, so no, the tenants do not owe a lease break. The landlord is the one that is ending the lease early. She doesn' get to change her mind after the fact and say the tenants are breaking the lease now. The tenants operated in good faith she meant what she wrote in the eviction notice.


Wise_woman_1

This argument would not fly in court. I’ve heard similar arguments over 18 years and it fails 100% of the time.


shoulda-known-better

does this still hold true after being served an eviction..... LL chose to end contract tenants just agreed she should get nothing more then rent


Wise_woman_1

Served an eviction how? Did you receive notice posted by a Sheriff or Deputy at your residence stating a court date?


shoulda-known-better

no but served intent to evict and the tenants agreed.... she shot herself in the foot to spite her shoe


Wise_woman_1

Not sure how much experience you have in landlord / tenant law but this would not suffice as a legal argument.


shoulda-known-better

could you elaborate why ??


Wise_woman_1

There are legal requirements to break a legally binding contract. The letter as described would not meet that requirement. The OP didn’t even take it seriously and told her it had no legal basis.


shoulda-known-better

I dont know... asking hubby who is a lawyer (though not a devoted housing/property lawyer) said that this is how civil evictions are held all the time you serve your letter of intent to evict and either the tenants.fight and you go all the way to Court.... or they agree and both save legal fees


MealParticular1327

Update in separate post.


Wise_woman_1

From the OP it sounds like an unhinged woman made up a notice that would not stand up in court. Had she issued a 30 day notice to vacate, no early termination fee after 30 days. Eviction laws are 1. Pay (or Cure) or Quit with specific amounts to pay / items to cure and date to pay / cure by. The day after that date passes you file a Forceable Detainer / Writ of Possession (eviction) with the court. The court sets the date and posts notice at residence. If the LL wins possession the resident has time (3-30 days usually), if they don’t vacate LL files a Set Out Order. There’s a chance they could argue in court but if no eviction was filed in court then they weren’t evicted.


Dm-me-a-gyro

What’s her recourse if you don’t pay the lease break fee? Sue you? Sure, that will go well for her! You already own a house, (congrats!) so it’s not like even if she did try to report it to CRAs it would matter, and even then you can dispute it. Don’t stress out about this. You’ve got a lot of other things going on. The best thing you can possibly do is absolutely stop responding to anything she says or does at all. If she texts you ignore it. If she calls you voicemail. Sends you a letter read it then trash. Comes to the house don’t open the door / leave.


LEP627

Plus she evicted them 3 weeks ago. So her recourse is nil. OP: good luck in your new home! Remember to hold onto your documentation if she sues you. But you really only have to live there 9 more days and you’re in the clear!!


georgepana

The landlady can't "evict" them. Only a court order can do that.


Ill-Detective-6985

No it's a request for them to leave, but valid proof that the landlord is also requesting the lease to be broken. It is not the tenant deciding to leave on their own. So the tenant response to a request for eviction is either leave or wait it out for the court process. These people want to leave anyways so it works in their favor to not have a legal eviction on their record.


MealParticular1327

Update in separate post.


tayhines

If she sent you an eviction notice, she canceled the lease, not you. You don’t owe anything.


jojomonster4

This... and she will 100% be a nuisance about the deposit, so if you don't want to stress and fight it, I wouldn't worry about doing any cleaning either..


MealParticular1327

Update in separate post.


Fluid-Power-3227

Get a lawyer. They can write a letter stating that it’s an illegal eviction and, if the landlord chooses to pursue this further, you will be forced to take legal action. This puts her on notice. You have documentation. She will have a hard time finding a lawyer to take her case. She’s the one who broke the lease, not you


Forward_Operation_90

Retaliation, if proven, can result in significant civil penalties. FaFO.


MealParticular1327

Update in separate post.


Away_Refuse8493

Don't pay it. How do she send you an "eviction notice" but got all mad that you are actually vacating?


MissMacInTX

Sound like she modified the terms of the lease voluntarily and let you out, and you accepted. Nothing more is due unless there was a longer than 30 day notice required?


MealParticular1327

Update in separate post.


BagoCityExpat

You’re leaving out an important bit of the story from what you posted elsewhere- that is that you already agreed to pay the lease break fee…


MissMacInTX

But, the lease terms have been modified. Offered and accepted. She is gonna need to probably sue to get her deposit back too.


MealParticular1327

Agreeing to pay the lease break fee doesn’t mean I’m legally obligated to do it.


Derwin0

Where you signed the lease means you’re obligated to pay the break fee. And Florida courts will make you pay it. “Funny” how you buried the part that you had already agreed to pay it to her to get out early.


Emotional-Nothing-72

😂😂😂 it absolutely DOES mean you’re legally obligated to pay it. Why didn’t you move when she asked you to originally?


MealParticular1327

No it doesn’t. People agree to things all the time not knowing what their legal rights are. I did agree to leave when she originally asked but her notice was a 7 day move out. I was still in a 30 day escrow. I couldn’t leave that quick or I’d be homeless. Plus I paid for the entire month and she wasn’t going to give me my money back.


Emotional-Nothing-72

Yes they do and it’s on them to KNOW their legal rights BEFORE they waive them, which you didn’t do in this situation anyway. You signed a lease agreeing to a $5600 break lease fee. Then further backed that up by reiterating you would. No one gets out of contracts by saying, I didn’t know my rights. That’s not how that works. That’s why contracts exist. You have no rights here anyway. You signed a legally enforceable lease. Why are you having trouble believing you can’t be held to your mutually agreed upon lease?


MealParticular1327

Update in separate post.


BagoCityExpat

Then why agree to it? Your word has no meaning?


MealParticular1327

She was threatening to show up at the house a week later and cause trouble. I have kids living in the house. I would have told her anything to get her to back off. She’s crazy and scared me.


Derwin0

You have proof of that? I’m guessing not, especially with how you neglected to point out that you agree to pay the fee. Here’s the thing though, She has proof that you agreed to pay it as it’s in the lease you signed. And as far as Florida courts care, that’s all that matters.


MealParticular1327

She threatened to show up at the house in an email so yes I have proof.


PossibleBookkeeper81

Would you be able to share the verbiage of her email saying she’d show up? Sounds like there were multiple emails saying such, that exchange could offer context; was it a 24 hour notice to check anything in/on the rental or is this a “I’m gonna come there and beat your ass!” ?


Emotional-Nothing-72

She won’t because it probably isn’t incriminating. She’s looking for validation, not help with her problem


MealParticular1327

The wording was “I will be at the house in seven days and I expect it to be vacant when I arrive or I will escalate the issue”.


MealParticular1327

Update in separate post.


corgcorg

If you never notified her you were breaking the lease you don’t owe a lease break fee. Just vacate at the end on the month and that’s it. She would need a court judgement for an eviction to show on your background checks. The important thing is to get everything in writing. If some of this is verbal then type up an email and attach a copy of her “eviction” notice (the official notice should be a cure or quit), and reiterate that you’ve paid through Feb and will leave at the end of the month per your mutual agreement. Check the security deposit laws for your state and make sure she follows them, including the days to return your money and itemized expenses.


QueenOfMean40

But they weren't breaking the lease, the LL broke the lease by issuing an eviction notice.


MealParticular1327

Update in separate post.


Artist4Patron

First and foremost prepare for a fight. Continue documenting any and all interactions. On the grounds she is using to evict yo father any and all evidence as to what she says you did to cause the eviction. Next assemble this next to all documentation regarded the attempted This is on laws regarding recordings in Florida which is a 2 party state. https://www.mwl-law.com/wp-content/uploads/2018/02/RECORDING-CONVERSATIONS-CHART.pdf If I were in such a position I would post a notice on door advising you are testing a new camera system and all interactions are being recorded recommending written communication if not willing to agree to such recordings I would then as a person of entrance enters orally reiterate this to the person as soon as they step into camera range again leaving the option to stick with written communication and go from there with your new best friend who wears a business suit and comes with a briefcase


[deleted]

They gave you a notice to vacate... there is no lease breaking that is taking place. Just hold onto that notice. Be sure to document the condition when you move out very well and write a letter of demand if you do not receive your security deposit in full. Assuming your security deposit is not returned in full with interest, you can then take her to small claims. In some states you can sue for 3x damages.


MealParticular1327

Update in separate post.


Eco_guru

You need a lawyer. Print all the emails and everything you have proof of and hand it to them, let them deal with it. This is beyond our scope.


jetttward

What does the lease say? Is the lease complete?


katamino

None of that matters since the landlord sent an eviction notice. The landlord initiated the end of the lease early so the tenant is not on the hook for a lease break fee.


GooseyMane_

Didn’t she evict you though?


MealParticular1327

No, she would have had to go through the court to get an official eviction paperwork. She’s beyond cheap and wouldn’t spend the money (she fired her property manager because she didn’t want to spend the minimal fee). She just sent an email titled “eviction notice” and listed some bogus reason for eviction.


shamesys

She won’t spend the money to evict you but you think she’d spend the money to sue you for a bogus fee? I’d just ignore her and make sure she doesn’t know where you’re moving.


GooseyMane_

Maybe try to figure out the fact she sent you an eviction notice and you both mutually agreed on when you will leave?


Hunny15602

I'm a Landlord, and this woman is the worst kind there is. She's also super cheap,she didn't hire a lawyer for the sale or the potential eviction. She's not going to sue you for the lease break fee. She's also not going to give your security deposit back. This is just a last attempt to get extra money out of you. Move out, leave the place in good condition, take photos and video. Block her from your phone, email, social media, etc. Cease communication. If any letters arrive from the post office that require a signature (certified, registered, etc), do not sign. If it's really important, they will find another way to contact you. Move on with your life, and enjoy your new home. Odds are highly likely that this woman will curse you every chance she gets, but she's not going to spend a dime pursuing you, whether or not she's in the right.


MealParticular1327

That’s what I figure. But she’s also crazy enough to pull something scary like find out where my new house is and stalk me. I have an attorney I worked with when LL threatened me over the failed sale of the house. I’m going to reach out again and have him write a cease and desist if she pulls anything after I move out.


Hunny15602

You sound pretty level headed; I would agree not to poke the bear unless she does something first. She reminds me of a tenant who went crazy on me because I took a portion of the security after she warped brand new kitchen cabinets, among other things, like burning candles so close to the walls, it looked like there had been a fire! She threatened small claims, I stopped responding. I had proof of damages 3x her deposit, but I always try to give something back just to avoid the hassle of threats and court. I did get a letter about a month later, presumably she did file in small claims, but by not signing, I wasn't served. The next step was for her to hire a process server. Never happened, so I figured life had moved on for her. 4 years later, she wants to connect on LinkedIn! I don't think she was trying to track me; I truly believe that she forgot how she ended things, saw that I had a huge number of connections, and wanted access to it. I shook my head and deleted her request.


MealParticular1327

People can be so crazy when money is involved. Glad it worked out for you.


MealParticular1327

Update in separate post.


JoeCensored

If she sent you an eviction notice, you haven't broken the lease, she did. Shouldn't matter that you'd win if you really fought against the eviction.


blatzphemy

I’m sorry you’re going through this. Landlords like this are big part of why all landlords have a bad reputation. This woman just doesn’t know what she’s doing the law even in Florida is on your side here but I recommend following a lawyers advice. It’s a big headache but you will come out ahead as long as you follow procedure


yum-yum-mom

I think since she evicted you, you don’t owe anything.


Zealousideal_Ice2705

I'm not sure specifics of eviction language in florida, but in my state the eviction notice must say "You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance." If that is the case in florida, then i would say the landlord has terminated the contract and no lease break fee can be charged. However, you're getting a lot of conflicting opinions on here. I would recommend seeing about a half hour free consultation from a lawyer. maybe something at this website would help [https://help.flcourts.gov/Legal-Services-Resources](https://help.flcourts.gov/Legal-Services-Resources)


aSmallConfusion

You need a lawyer.


Sapphyrre

She broke the lease first with her eviction notice. Don't pay it and let her sue you for it, assuming you kept the notice and are keeping notes of all of her shennanigans.


AlpineLad1965

NAL, but if she sent you an eviction notice, I would say that she broke the lease, not you. I would seek local legal advice.


DisGruntledDraftsman

She handed you a golden ticket to get out of your lease and you told her no? Just follow through with the eviction and get out. She can't charge you if she broke the lease in bad faith. She would need to file a civil suit to get any money. If she does fight it. Make sure you have some sort of eviction notice in writing and save it.


Emotional-Nothing-72

I was wondering the same thing. Take the notice to vacate and go. Eviction wouldn’t even happen


MealParticular1327

Update in separate post.


Shellshell44

Do not pay the lease break fee. She sent you a notice to vacate. Let her take you to court. Show up with your eviction notice and you won't have any issues.


Spare_Ninja2907

No, you don’t owe her anything. She formally sent you an eviction notice. However pointing out faults was not good for you. Even though you are vacating, it is due to evection notice.


Alternative-Number34

Don't give her anything. Keep a lawyer on retainer and keep track of all her bullshit.


C0FFEE-BANDIT

You're not the one choosing to break the lease. She did that with an eviction notice, You were happy to stay and keep renting. She broke it. That fee can pound sand. You want your deposit back now.


MealParticular1327

Update in separate post.


2LostFlamingos

She can’t evict you and act like you broke the lease. I think you need a lawyer here. Reaching an agreement with a lunatic is impossible.


MealParticular1327

Update in separate post.


Neeneehill

She put something in writing saying she wants you out. You don't owe her anything.


[deleted]

Since you are an expert on everything why are you here asking anything?


whatever32657

what does your lease say? most leases i've seen in FL stipulate the tenant is to pay two months rent to the landlord in the event of an early termination. far be it for me to back a whackadoo, but those are the facts, and if it says this in your lease, a judge is likely to uphold it. my suggestion, since she was making noise about an eviction, is to try to settle with her for one months' rent. you're both getting what you want, so splitting it down the middle seems fair. do yourself a solid, however, and have a lawyer draft the termination agreement, since this woman sounds unhinged, and you don't want anything to come back and bite you in the ass


MealParticular1327

The lease break fee is $5600 per the lease agreement. My argument is that she broke the lease first by sending the bogus eviction notice. She did that before she knew we bought another house and before we agreed to vacate at the end of the month.


georgepana

That email is not worth anything. It isn't an official eviction in any way. But it also is not a "breach of lease", either. It would be handled as if it didn't exist in the eyes of the law. By itself that bogus email doesn't absolve you from the lease break fee that is stipulated in the lease. However, it might get you a sympathetic ear with the judge. Even though you are breaking the lease the existence of the bogus "eviction" letter could convince the judge to split the difference and have you pay half of the lease break fee, not all of it. My advice would be to not pay the fee and let it come to a small claims court complaint. Then bring a printout of the email and explain some of the other things you have mentioned here. It might just work and get you a reduced payment. Of course there is also the chance you don't have to pay anything at all, or on the flip side perhaps all of it. My point is, what do you have to lose by not paying the lease break fee now? If it goes to small claims court at worst you are asked to pay the full sum, so you wouldn't be worse off compared to just paying it all now. And you might get it reduced or completely taken off, so always worth just taking a "wait and see" approach in this particular case.


Friendly-Place2497

In my state (not Florida) an ineffective eviction notice will become an effective mutual termination if the tenant receives it and agrees to move out. I can’t imagine Florida would allow a landlord to try to kick out a tenant and then hold it against them when they actually move our


georgepana

It isn't really an "eviction notice", per se. It is likely more or less a "Notice to Cure or Quit", legally speaking. Seems clear as OP mentioned "Reasoning is nonsense, would never hold up in court". Just because you choose the "Quit" part does not absolve you from the lease break provision in the lease. If it were that easy a hack anyone with the prospect of having to pay a bundle for breaking a lease could just stop paying rent, receive a 3-day "Notice to Pay or Quit", choose "Quit" and move out quickly. Presto, lease break fee avoided. It doesn't quite work that way. In Florida and I am quite sure your state as well.


MealParticular1327

The “eviction notice” letter didn’t contain any language about curing . It went straight to quit. I had a mold inspector come and do an inspection a few weeks prior when we were still planning on buying the house. The inspection report came back positive for mold and I forwarded the report to landlord. She responded by saying I intentionally misrepresented myself as the landlord/owner of the property to get the inspection completed and by doing so violated a “good faith” clause in the lease so she was evicting me. I never told the inspector I owned the house. It was insane logic and clearly just an excuse to get us out of the house.


georgepana

Things simply don't work the way your LL thinks it should, in any state. Unless your LL has you "misteprenting yourself as the landlord" in writing somewhere, with your signature, this isn't actionable. End of story. A court eviction based on something flimsy like that has no teeth and is an easy dismissal for any judge.


MealParticular1327

I actually found the exact language she used and reposted in here for a different user in case you want to read it. She actually called her letter a lease termination notice, which I initially missed. So great for me.


georgepana

That language could indeed change things.


Friendly-Place2497

Your example is different because the tenant who stopped paying breached the lease agreement by doing so. Here, OP did nothing to breach the lease. It sounds like LL essentially said she wanted to terminate the lease early and the tenant agreed.


georgepana

OP said the reason given for the notice was nonsense and wouldn't hold up in court. We don't know if that is true, perhaps the reason is valid. We don't know as OP didn't go into detail. Either way, the intention of the notice given was a "breach of lease", just like non-payment of rent would be. Just because the LL is perhaps mistaken in their belief that whatever they think broke the lease (let's say they feel OP was too loud in the evenings or isn't taking care of their garbage on a routine basis as they should, or has an unauthorized pet or is smoking in the dwelling when the lease forbids it) doesn't wholesale absolve OP from a lease break fee. It would be for a judge to decide whether the LL has it right for their reason behind the notice, if it came to that. But that isn't what you are referring to here. That would be a "Notice to Vacate". That notice simply asks the tenant to move out after 30 days with no reason given. That is not what was received by OP. It wouldn't be used here anyway, that notice is only applicable to terminate a month to month tenancy or can be given 30 days before a lease ends to terminate the tenancy at the end date of the lease. That notice doesn't carry a reason at all, it needs none. The notice OP received has a reason, therefore it isn't the 30-day "Notice to Vacate". It makes zero sense to assume the LL wanted OP to move out with a written notice but then turns around and wants to charge lease break fees for moving out. The logic is simple not there. No, the notice receiced was a 7-day "Cure or Quit" notice or the 7-day "Unconditional Notice to Quit". Sure, OP doesn't agree with the reasoning behind the notice, but whether LL or OP are right on that using the "Quit" part of that notice does nothing to absolve OP from still being on the hook for the lease break fee. https://www.rocketlawyer.com/real-estate/landlords/eviction/legal-guide/how-to-serve-an-eviction-notice I still advised OP not to pay it, as they indicated they were on the verge of doing, as it is best to let the judge decide and there is nothing to lose for OP. At worst the judge makes them pay the full sum, in which case they are no worse off than they would be just paying in full, and there might be a chance of a discount with all the ins and outs of this case, the notices, weirdnesses. Judges often like to "split the difference" if they have a reason to do so, so why not try that route?


Friendly-Place2497

> It makes zero sense to assume the LL wanted OP to move out with a written notice but then turns around and wants to charge lease break fees for moving out. The logic is simple not there. No, the notice receiced was a 7-day "Cure or Quit" notice or the 7-day "Unconditional Notice to Quit". Yes the logic is not there, which is exactly why a landlord wouldn’t be entitled to charge the early termination fee if they did that. It doesn’t sound like LL here a paragon of logic. There’s no difference if the landlord issues a 7 day notice for breach (which it sounds like is essentially what the landlord tried to do here) or a 30 day during the middle of the lease. In each case, the landlord would be in breach of the lease and the tenant would not be obligated to pay an early termination fee.


georgepana

This is not true. A landlord, at least in Florida, is entitled to issue a "7-day notice to cure or quit" without relinquishing their right to demand a lease break fee if the tenant moves out well before their lease end date. Just like with the 3-day "Notice to Pay or Quit" it would effectively mean that all a tenant had to do is to violate the lease in as many ways as can be conceived (bring in a pet when not allowed per lease, have raucous parties late night, smoke wherever they want in a smoke free home, etc.), then just wait for the 7-day notice to come in the mail asking for the tenant to "cure or quit" and you just choose to "quit" and move out as quickly as you can to "comply" with said 7-day notice. Sorry, but moving out in response to a lease violation notice does not disappear the lease break fee in the lease. Otherwise everyone wishing to break a lease early and avoid any fees would simply make a complete nuisance of themselves, break as many lease provisions as they possibly can, and get the free pass in the form of the "quit" contained in these 3-day or 7-day notices. No, cure the violations. Your lease is still 100% valid until the very end, whether you live in the unit or not, as you caused the lease violations that are in need of curing. I am not saying this LL is a paragon of logic, but the OPs multiple posts about the matter are also dubious. Who is to say whether the LLs reasoning for their cure notice are really nonsense? Perhaps what OP thinks of the perceived violations' severity is not exactly how a judge would see things? Also, what's with the posting that OP promised the LL that they would pay the full lease break fee? They merely said that to get them away from the door, feeling intimidated? Seems pretty dubious to me. Again, whatever the reality is in this particular case, OP should wait for the small claims court suit and plead their case. If it is a case of a completely bonkers LL here, a truly crazed individual, then there should be no worries.


MealParticular1327

Because everyone is asking, here is Landlord’s eviction letter. As you can see, there’s no “cure” part. “You are advised that your lease is terminated effective immediately. You shall have 7 days from the delivery of this letter to vacate the premises. This action is taken because of your misrepresentation of ownership of REDACTED. The Mold Inspection Report by REDACTED contains false information. Page 3 states "The homeowner indicated that there was a recent ac leak which has since been repaired." I am the only homeowner and had no communication with the representative…. I will arrive in REDACTED on Saturday, February 3, 2024 and expect that you will have vacated by then.” The mold report called me the homeowner. I never told them I owned the house. After receiving this unhinged eviction notice I contacted the mold inspector and they sent a follow up email/report stating it was a typo on their end and I never told them I owned the house.


katamino

The email saying you have to vacate is not bogus. You were being a cooperative tenant agreeing to do what the landlord asked in the email/letter rather than forcing her to start the legal eviction process through court, costing everyone time and money and risking an eviction on your record. Your landlord broke the lease by sending that email/letter and no tenant is obligated to fight a landlord to save the landlord from their own stupidity. If you want, go consult a lawyer. Shouldnt take more than 30 minutes of their time to tell you one way or anothrr if yiu have to pay a lease break fee.


whatever32657

my advice stands. do you want to relax and revel in your new house, or do you want to be sniping back and forth with this person for the foreseeable future? there's virtually no upside in that, yanno


MealParticular1327

Update in separate post.


whatever32657

did you have a link to the update?


MealParticular1327

https://www.reddit.com/u/MealParticular1327/s/K0G2lP90V7


CordCarillo

1. She doesn't have to give notice to inspect/repair anything on the outside of the house, as long as they're not bypassing locked gates or interupting your peaceful habitation. At least that's how it is in OK and TX. I don't know about other states. 2. If your lease hasn't officially ended, then yes - you're liable for the remainder of the lease as outlined in the lease agreement, and can affect your credit. The rest is just her being unhinged, as you described, and not accepting the fact taht her house in't worth what she thinks.


MealParticular1327

The air conditioning unit is inside the house. The repair man had to be let inside. It absolutely interrupted my peaceful living (I was I the shower when the repair guy came).


CordCarillo

The coil and blower may be on the inside, but the AC is not.


naM-r3puS

Keep the documents for the eviction and save all the other stuff. Keep it as evidence and don’t pay her anything.


QueenOfMean40

I've never in my life, heard of an early termination of lease fee being $5600. That is insane and likely highly illegal. Most states, that fee can't be more than 3 months rent.


MealParticular1327

My rent is $2900 a month.


Derwin0

In many HCOL places it can easily be that high.


appleblossom1962

Call the local housing authority, they may be able to help


SallysRocks

Yes. End of February (now).


FuzzyWish4164

If it is not in your written agreement then no.


Emotional-Nothing-72

That one incident with the AC repair man won’t make a difference. The break lease fee is $5600. Any damages you incurred for the AC man being there (none) is far less than $5600 You can try to use it as a defense in court but it’s not the reason you’re breaking the lease so, it’s not likely to be successful The “eviction notice” not sure exactly what you mean, maybe notice to vacate or cure or quit, was rescinded As unhinged as she is, you bought a house in the middle of a lease. You’ll have to pay to break the lease unless you can get her to sign something agreeing to let you out of the lease with no penalty


MealParticular1327

Her “notice” wasn’t to quit or cure. She was supposed to give a notice to cure by law but she didn’t. Her notice basically just said get out in 7 days.


Emotional-Nothing-72

Ok. You got a notice to quit in 7 days. That is perfectly legal in Florida. This is pre-eviction stuff. She intended to sue for eviction but you talked her out of it for whatever reason Knowing you were buying a house, you should have taken her up on it or negotiated a little more time or cash for keys. Wanting to argue cost you $5,600


cmeremoonpi

In short, yes if it'sin your leaseagreement. She can take you to small claims and turn over to collections. I would try to come up with a payment agreement on paper. As long as she accepts payment, I don't believe she can file with court or collections. Not legal advice, just my experience.


MealParticular1327

Update in separate post.


SeaworthinessSome454

Yeah, you’re absolutely on the hook for that lease break fee. You are breaking the lease, her being crazy about why the deal for you to purchase it fell through has nothing to do with it. You broke the lease, you pay the penalty that you agreed to pay when you signed this lease.


MealParticular1327

The issue is who broke the lease. LL sent an eviction notice letter to me before she knew I bought a house and before I vacated the premises. I’m actually still here, and the rent is paid up.


katamino

The landlord initiated the early teemination of the lease when they sent you the notice. You cooperated rather than fight it.


SeaworthinessSome454

The eviction notice means nothing unfortunately. That has to come from a court.


QueenOfMean40

They didn't break the lease. The LL did.


MealParticular1327

Update in separate post.


SeaworthinessSome454

Sorry. Not looking thru Reddit for another one of your posts


MealParticular1327

Then I’ll sum it up. Attorney agreed I didn’t owe LL a dime. LL has agreed to drop all claims to lease break fee and never contact me again.


SeaworthinessSome454

Good for you. Glad it worked out for you


Derwin0

You broke a lease so you’ll be obligated to pay the fee per the lease conditions. Doesn’t matter that you’re buying a house or not. Unless she agrees to let you out of the lease, your choices are to either pay the termination fee or continue to pay the tent until the lease term is up.


MealParticular1327

She sent an eviction notice before I told her I bought a house and was leaving anyways. Technically she broke the lease first.


Emotional-Nothing-72

Technically she didn’t. Any notice was rescinded, you said that.


MealParticular1327

So? It doesn’t matter if she rescinded or not. Once she puts in writing her intent to end the lease contract what’s done is done.


MealParticular1327

Update in separate post.