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Mistakes of a Landlord - Landlord Forum thread 326342

Mistakes of a Landlord by Shaun (Fl) on October 26, 2014 @12:26

                              
Hubby has been doing some work for another Landlord in our area.

Landlord had a new tenant move in who requested electric be left on in LL's name for one month and then the Tenant would have it transferred. LL agreed. Months later Tenant still didn't have electric changed over into her name, but did pay the LL every month for electric. LL agreed to leave electric in her name, provided Tenant pay electric bill prior to Electric Company's automatic deduct from LL's account. Tenant did not follow through with the "verbal" agreement of paying prior to the automatic withdrawal and fell behind on the rent. LL had the electricity turned off in their name, taking the position that they turned off "their" electricity not the tenants. Tenant is now suing the LL. I think hubby told me in the neighborhood of 4K. LL went to the first hearing and it was suggested that she retain an attorney. Attorney told her she should settle, b/c the costs would be less once you add attorney's fees. LL claims she is not in the wrong and wants her day in court.

The LLs involved are very sweet, nice and in their 70s. But they are throwing good money after bad, in my opinion.

But I can't help but think a single piece of paper....
a) 15-30 days to comply by changing account over,
b) or addendum added to the lease with the term "additional rent", and apply all monies collected to oldest charges first.

Sad thing is an eviction, though expensive ($750.00)is a lot cheaper than 4K.
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Re: Mistakes of a Landlord by Anonymous on October 26, 2014 @13:36 [ Reply ]
I can't understand the question. And what does "a single piece of paper mean?"
Re: Mistakes of a Landlord by MrDan (Georgia) on October 26, 2014 @13:56 [ Reply ]
Florida Law prohibits a landlord/property manager from causing, directly or indirectly, the termination or interruption of any utility service provided to the resident. Those utility services include, but are not limited to, heat, water, gas, electricity, gas, garbage, elevator, collection, light or refrigeration. This prohibition will apply whether or not the utility service is under the control of, or payment is made by, the landlord.

Florida law clearly penalizes a landlord who indirectly terminates or interrupts any utility service furnished to the resident. It authorizes the resident to receive the greater of three months' rent or actual and consequential damages if the landlord commits a prohibited practice. The landlord is also liable to the resident for attorney's fees. (Florida Statute 83.67)

Florida Statutes also protects tenants from being evicted for retaliatory reasons. 83.64 Retaliatory conduct. -- (1) It is unlawful for a landlord to discriminatorily increase a tenant's rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant.

Florida Lease cause to use in your lease:

'Tenant understands and agrees that the electric service is currently on in the Landlord's name. Tenant agrees that the Landlord shall order the electric service be taken out of the name of the Landlord within 3 days, and Tenant shall place the electric service in Tenant's name and pay all necessary deposits'.


If it is found that a tenant is not paying the electric bill, the tenant should be notified immediately by the use of a 7 Day Notice of Noncompliance with Opportunity to Cure. The notice may state the following:

'You have failed to place the electric (other) utility service account into your name as required by your lease agreement, and you owe the landlord the sum of $__________ at this time for outstanding electric bill(s)'.

Best of all, do not have the utilities on when the tenant moves in. As Katie Kate says...NO KEYS until the utilities are in tenants name and verified...
Re: Mistakes of a Landlord by Bill on October 26, 2014 @17:18 [ Reply ]
The landlord is stupid and will find himself on the losing end of a court hearing with every tenant. He needs to learn and follow the law. He can not make up his own rules based on his "feelings."
Re: Mistakes of a Landlord by J (FL) on October 27, 2014 @12:25 [ Reply ]
This is a good cautionary tale...this landlord has gotten herself into a mess, and will pay dearly before it's over.

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