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edteach

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Posts: 2
Reply with quote  #1 
I had a bit of situation, my tenant's lease ran out in July 12 15, a few weeks before that she asked me if we could go on a 6 month extension verbally, I agreed and when I took the papers for the extension over, she said she had a home she was looking at to buy and would now like to go on a month to month, I said I would do that if she agreed to give me two months notice. She said that would work. I held last months rent and security deposit in escrow. She then emailed me on july 19th to tell me this, 
"So, I found a house! Yeah!!

I believe my rent is paid through Aug 12, and I think we paid 1st, last, and security, when we moved in last year.

So, 30 days from today, is Aug 19. I am planning to be completely moved the 1st weekend in August, but want to be able to have a chance to come back in the following week, and clean. I really wanted to be settled, in a new place, before Pats celebration of life, which is Aug 17th.

So, If I am completely out by Aug 12, I should get last & security back, right?

It's been a challenging couple of weeks, but we finally came to an agreement with the sellers, last night. I should be closing by mid week.

I really appreciate you working with me, and being so patient"

One of my questions is in Florida law is email written notice? Next is this even considered notice? Its a lot of if, and maybe and if I can but not one here is my notice I am or will be moving out on xx xx
She ended moving out on the 12th, and I gave her back her security deposit back, but I held her last months rent, I felt that her last months rent was her last months rent and I would be nice and try to rent it and then refund her the difference between when it was rented and her last months rent. I ended up renting it for Sept. 1st and she agreed to wait till then to settle up. Now I get an angry email saying why does she have to wait.

My response to her email;
Hi Christine, You are catching me on the hop. I had assumed you would give me a months notice when using the last months rent. This is what I can do, I will start to advertise the unit and that it will be available on the 12 to the 19th of August. If we can rent it out in a transition that is seamless we can settle up as the new tenants move in or shortly there after.  I think the unit will have showing fast. I think maybe as soon as Friday and Saturday. I will call you and give you as much heads up as I can on showings.

Her response;

am sorry. It's been a process. I was hoping to have figured it out before you deposited last months rent, but I didn't. We had 2 weeks of back & forth between banks/sellers/inspections. It was a bit of a longer process than I had originally wanted. 
 
If I can get all out by Aug 12, and have the chance to clean, I am all good with you paying me after you rent. I have no doubt you will rent it fast.
 
I should have final closing date today, but I anticipate it to be by Wed, this week. 
 
I am sorry, I tried to get it done before July 12, I just couldn't get it completed.
 
I sent her this email in response to her text asking why she had to wait until sept 1st

Christine, I paid you your security deposit even though I had two days cleaning and painting to put the unit back to the condition it was in when you took possession of it. The stove alone took me over 4 hours to clean. The bath had a lot of mold and slime that had to be cleaned and there were holes in the wall from picture hanging that I had to repair and paint. That said I had to call my attorney and ask about last months rent. You asked for an extension of your lease for 6 more months when it came to termination on 7/12/15, Then you asked to go month to month and I agreed if you would give me a couple months notice. You paid rent to 8/12/15 and I held the last months rent. You gave me notice on july 19th that you would be leaving, that would mean Sept. 19th would be your last day. I felt if I can rent the unit before Sept. 19th I would give you a refund of the difference minus anything extra that came up, and you also agreed to keep the electric on till the first of Sept. I will apply the last months rent from Aug. 12th to Sept 1st assuming that I do actually have the unit rented [new tenants have not signed lease yet] That leaves you responsible for 20 days at 40 dollars a day $800.00 Plus the transfer fee for the electric of $15. Total $815.00 Your last months rent was $1200.00 leaving a balance of $385.00 which I can send to you as soon as I meet with the new tenants. You agreed to this in the last email now want a refund sooner. If I meet with them sooner I will send you the difference on the last month sooner, but I have as agreed till the first of Sept. 1st, also you need to send me your new mail address to send your refund back.

It has been a day and I have not gotten a response usually she is a chatty Cathy. Any help would be greatly appreciated.




dishrodger

Registered:
Posts: 314
Reply with quote  #2 
you are being more then fair.
if the new tenant signs and pays, send her the check with that explaination.
if there is a problem, she will speak up
edteach

Registered:
Posts: 2
Reply with quote  #3 
I replied to her and she still has not sent me her new address.
dishrodger

Registered:
Posts: 314
Reply with quote  #4 
you will need to send to her last know address, return requested. send delivery conformed or register.
dishrodger

Registered:
Posts: 314
Reply with quote  #5 
if you only know you rental address...send it there
you will get it back...proof you sent....do not open it
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