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  1. #1
    Member sungal's Avatar
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    Default Letter from my landlord-can he just tell me to leave?

    XXXX good morning. I entitled this email "Trust" for a reason. It is something that's of great value in personal relations and business transactions. It's an essential element in how successful people operate.

    Unfortunately, I believe our bond of trust has been broken. We discussed a gorgeous little creature named Ginger several weeks ago. You gave us your word that she would not be in the building and that has not been the case.

    xxxxx. as discussed and agreed to in February, as well as early this month (September), pursuant to the lease we have between us, and the rules established by the Atlantis Association, Ginger is not allowed. We being dog people would love that not to be the case, but it is.

    Unfortunately, you've been in violation of the lease Section VIII and Section XIV, B3 and action now needs to be taken. The situation cannot continue any longer. One of xxxxx colleagues can help and knows of a very nice, pet-accepting, furnished unit on So. Beach that may be available now. Please contact him or anyone of your choice, but regretfully, our time as tenant/landlord appears to be over. Not the desired outcome, for sure.

    You both need to be out immediately. I know of no other solution. You have had 2 weeks to figure something out and that has not happened. Please let me know your plans ASAP.

    Thank you, XXXX

  2. #2
    Member sungal's Avatar
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    According to Florida Law:

    The landlord could evict me for violating the rules of the lease, but he needs to “leave a notice specifying the non-compliance (dog), and explaining that unless I remedy it within 7 days, the lease will end.”

    And here's where I'll prevail..this would be my defense in court if I were evicted:

    “Acceptance of rent payment while knowing I'm in non-compliance with the lease. By doing this the LL gives up the right to evict you during that rent period.”

    But there are some unknowns..
    Does the notice have to be written?
    He has accepted rent upfront and now knowing I'm in violation hasn't returned it.
    What is a rent period?

    I have no idea how he found out she's still here....I'm not sure if I should write back.

  3. #3
    Travel Advisor fredgarvin's Avatar
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    i am not a lawyer, see if there a free legal aid in miami beach---but unless he agrees to refund your pre-paid rent, i'd not agree to just leave

  4. #4
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    It's a well written letter until the 'for sure' comment!

    He can't just tell you to leave. He sounds like he's going down the steps however, so what may come next is an eviction notice. But you are moving anyway next month.

    If you are going to call him, offer a deal. If he will refund Octobers rent and guarantee the return of your security deposit, you will be out by Thursday. If he agrees, then I would move, and use the next 3 days to spend every hour finding a place to move to. If it saves you 2 months rent money back in your pocket it is worth it.

  5. #5
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    I agree with Jess. I realize it may not be the outcome or choice you want but it is your very best option. Yes, it's daunting and will be stressful but it will be over and done with once and for all. With the money he gives you back there is your move in costs for the new place. Look at something unfurnished and get a few pieces of furniture with the money you were going to spend on first,last/security since he SHOULD give you Octobers rent plus your security.

    I'm happy to help you look at stuff the next few days if you like.

  6. #6
    Member sungal's Avatar
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    Maybe he'll agree to give me last month rent plus security..but I doubt it beccause he will not have a renter for Oct..so he'll lose one month's rent. Plus, I think he'll hang onto the security and charge me for every little thing..the apt is in the exact condition I rented it in, except for a small area under the table that the chair scratched up.

    With all the money he MAY give me back..2 month's rent, it won't even cover the standard 3 month move in cost, and will not cover furniture, tv, mattress..my landlords furnished everything from ikea and the total was $2500.

    Since he didn't proceed properly..he didn't say he will evict me in 7 days, and not returning October's rent, it shows he doesn't know what he's doing and thinks he can scare me or that I won't look up my rights. I'm sure he's aware that evicting me would take longer than Oct 31. But sure, if I find a place soon, I will ask for the 2 month's back and move out asap.

    It never hurts to ask. Although he doesn't believe that since he never asked the condo board if they would ok my dog.

    I'm just not sure how to go from here. I'll try not to respond, and if I do I'll say I'm trying my best to find a place..I'm certainly not going to say "Oh, you need to give me 7 days notice to evict, and since you kept my rent that shows you're ok with my violation." If he tells me "You need to be out now", maybe I should say, "well, you'll have to evict me." I don't know.

    It looks like it's going to pour now, but I'm going to look at a place that looks promising. I hope I like it.

  7. #7
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    As much as I know you are stressing, you are doing everything right in as far as looking after yourself. He isn't doing anything right. At worst you will lose the security deposit, but you did break your lease so it's a small price to pay.

  8. #8
    Member sungal's Avatar
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    I just can't believe a 17lb ball of fur is turning my life upside down. I do love her, but I was considering a Himalayan Persian or a Siamese cat..maybe that would've been a smarter choice. Ginger is costing me thousands of dollars..She needs $2000 worth of medical and dental procedures, and 3 months rent at $1200 is $3600, so $5,600. When people say dogs are expensive I thought oh, dogfood, treats, maybe the vet every year, and a dogwalker sometimes. But whatever, it's time for me to get a bigger place in a more residential area. I'm tired of seeing constant parade of tourists..

  9. #9
    Travel Advisor fredgarvin's Avatar
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    i agree with jess that it looks like he is setting things up for eviction proceedings. Again, I'm no lawyer, but i think that requires a court date/appearance. (at least in my state.) I also agree, that if you send him a letter (preferably certified) not stating the reasons, but agreeing to leave with your security deposit and pre-paid rent refunded, even if he doesn't agree, the court will look favorably on your sincere effort to compromise.

  10. #10
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    What does your lease say about getting your money back if you break it? Some leases include language that if the tenant breaks the lease in some way, they forfeit money. He might not be going about this the right way, but you broke the lease in having the dog, so technically, he has the right to evict you.

    I would also check how his verbal warning plays into it. The email mentions that he had given you two weeks to rememdy the problem and it wasn't, and that might sway things in his favor.

  11. #11
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    Did the email have read receipt on it?? Maybe your laptop died and you never got it...

  12. #12
    Member sungal's Avatar
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    Quote Originally Posted by fredgarvin
    i agree with jess that it looks like he is setting things up for eviction proceedings. Again, I'm no lawyer, but i think that requires a court date/appearance. (at least in my state.) I also agree, that if you send him a letter (preferably certified) not stating the reasons, but agreeing to leave with your security deposit and pre-paid rent refunded, even if he doesn't agree, the court will look favorably on your sincere effort to compromise.
    I think he is aware that eviction will take longet than the end of my lease. Sure, he's telling me I must leave immediately, but he's not following proper eviction procedure. Of course a proper eviction letter may be his next step, but it will take longer than the end of my lease. My Grandmother has a rental property in NJ and she had to evict someone for non-payment of rent and it took about 5 months.

    I would love to leave and ask him for my money back, but I have nowhere to go yet. It seems in South Beach asking for an apartment that is insect/rodent free and nicely furnished, is just too much to ask.

  13. #13
    Member sungal's Avatar
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    Quote Originally Posted by Jess
    Did the email have read receipt on it?? Maybe your laptop died and you never got it...
    What's a read receipt? Never got what email?

    Ginger and I just got back from checking out a place on 12th and Penn. I was ready to take it. It was spacious, nicely furnished (except the bedroom, but easy fix), great kitchen and bath, the building had common laundry, very affordable rent, nice location, and I was willing to live on the 1st floor. I ran into a resident on the way out and asked him how he likes living there. Guess what? Insect problems. I'm so dissapointed.

  14. #14
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    Sungal, you seem like a very nice person. However, you knowingly violated the terms of your lease. I am not sure what you do not get about that. You had a contract with a property owner, and one of the conditions of that contract was that you would not have a dog living in the property. Knowing this, you brought in a dog anyway. Yes, he can tell you to leave because you broke the terms of your contract with him. Again, you seem very nice, so I do not intend to mean. But these are the facts.

  15. #15
    Member sungal's Avatar
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    I am a nice person. And I asked him in a nice and reasonable way to ask the condo board if I could keep my 17 lb dog..I was willing to give one month security and offer a clause that if my dog caused problems I would leave. But no, helping me through a difficult situation (broken engagement and no other place for her), is not as important to him as climbing his way up the condo board ladder, and addressing other condo issues that are more important to him. He even lied to me and said he previously asked the board if dogs could be permitted, saying he, his partner, and their two dogs wanted to move in a 440 sq. ft. studio. Sure.

    Lots of people go through life and do something wrong along the way. Would you steal rice from a store if your family was starving?

    I am trying to find a place, but like I said earlier, it seems I'm asking too much to have a nicely furnished apartment that is insect and rodent free. I've seen about 6 places so far and nothing.


    The last place I saw had mouse droppings, and the building I saw today has roaches. (Found out from another resident..here it is below, I was going to take it before I heard the bad news.) I now realize I'm living in a very rare gut renovated art deco building. Most of the other housing stock is old and not well maintained, and I had no idea. I never really walked on Penn, Euclid, Meridian. At this point I'm considering the high rises on Alton, but I'm not happy about it. Tomorrow I'll walk around more and pray for something halfway decent.

    I do see very nice buildings along my walks..guess what? The for rent signs all seem to be on the crumbly buildings. Maybe I'll even expand my search to unfurnished places..

    http://miami.craigslist.org/mdc/apa/1396155269.html

  16. #16
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    Quote Originally Posted by sungal
    I am a nice person. And I asked him in a nice and reasonable way to ask the condo board if I could keep my 17 lb dog..I was willing to give one month security and offer a clause that if my dog caused problems I would leave. But no, helping me through a difficult situation (broken engagement and no other place for her), is not as important to him as climbing his way up the condo board ladder, and addressing other condo issues that are more important to him. He even lied to me and said he previously asked the board if dogs could be permitted, saying he, his partner, and their two dogs wanted to move in a 440 sq. ft. studio. Sure.

    Lots of people go through life and do something wrong along the way. Would you steal rice from a store if your family was starving?

    I am trying to find a place, but like I said earlier, it seems I'm asking too much to have a nicely furnished apartment that is insect and rodent free. I've seen about 6 places so far and nothing.


    The last place I saw had mouse droppings, and the building I saw today has roaches. (Found out from another resident..here it is below, I was going to take it before I heard the bad news.) I now realize I'm living in a very rare gut renovated art deco building. Most of the other housing stock is old and not well maintained, and I had no idea. I never really walked on Penn, Euclid, Meridian. At this point I'm considering the high rises on Alton, but I'm not happy about it. Tomorrow I'll walk around more and pray for something halfway decent.

    I do see very nice buildings along my walks..guess what? The for rent signs all seem to be on the crumbly buildings. Maybe I'll even expand my search to unfurnished places..

    http://miami.craigslist.org/mdc/apa/1396155269.html
    Sungal, I feel for you from a personal perspective. I am a dog lover myself. But I would not compare stealing food when starving to shipping a dog down from NJ and bringing her into your no-dogs allowed apartment. So, you will find a place, you just need to keep looking!

    I have not experienced the rental market there myself, as I am in the process of buying a place. However, if you need to connect with a good realtor, I am happy to PM the name of my realtor who helped me find a place to buy. She is with Keyes and does rentals too.

  17. #17
    Travel Advisor fredgarvin's Avatar
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    Quote Originally Posted by sungal
    Quote Originally Posted by fredgarvin
    i agree with jess that it looks like he is setting things up for eviction proceedings. Again, I'm no lawyer, but i think that requires a court date/appearance. (at least in my state.) I also agree, that if you send him a letter (preferably certified) not stating the reasons, but agreeing to leave with your security deposit and pre-paid rent refunded, even if he doesn't agree, the court will look favorably on your sincere effort to compromise.
    I think he is aware that eviction will take longet than the end of my lease. Sure, he's telling me I must leave immediately, but he's not following proper eviction procedure. Of course a proper eviction letter may be his next step, but it will take longer than the end of my lease. My Grandmother has a rental property in NJ and she had to evict someone for non-payment of rent and it took about 5 months.

    I would love to leave and ask him for my money back, but I have nowhere to go yet. It seems in South Beach asking for an apartment that is insect/rodent free and nicely furnished, is just too much to ask.
    5 months sounds what it was like from my perspective in my state, but, for the long run, it would be better to go into high gear to find an acceptable alternate place, then offer a compromise. As one looking at miami beach real estate myself for the past 6 months, however, I know where you're coming from! Good Luck!!!!!

  18. #18
    Member Mario's Avatar
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    Quote Originally Posted by sungal
    XXXX good morning. I entitled this email "Trust" for a reason. It is something that's of great value in personal relations and business transactions. It's an essential element in how successful people operate.

    Unfortunately, I believe our bond of trust has been broken. We discussed a gorgeous little creature named Ginger several weeks ago. You gave us your word that she would not be in the building and that has not been the case.

    xxxxx. as discussed and agreed to in February, as well as early this month (September), pursuant to the lease we have between us, and the rules established by the Atlantis Association, Ginger is not allowed. We being dog people would love that not to be the case, but it is.

    Unfortunately, you've been in violation of the lease Section VIII and Section XIV, B3 and action now needs to be taken. The situation cannot continue any longer. One of xxxxx colleagues can help and knows of a very nice, pet-accepting, furnished unit on So. Beach that may be available now. Please contact him or anyone of your choice, but regretfully, our time as tenant/landlord appears to be over. Not the desired outcome, for sure.

    You both need to be out immediately. I know of no other solution. You have had 2 weeks to figure something out and that has not happened. Please let me know your plans ASAP.

    Thank you, XXXX

    Any verbal promise that your landlord gave you is null. They can promise the sky and the stars and say dog is OK, blah, but the only thing that counts is what's written in the contract. If the contract says no dogs, then it's no dogs. Still, if the landlord wants to evict you, they have to give you a notice and a about a week or so for you to find a new place. The best thing is to consult a lawyer. Let me know if anything, my brother-in-law is an attorney.

  19. #19
    Senior Member Blackford Oakes's Avatar
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    I thank my lucky stars I was able to unleash two twin buildings in Hollywood to Scientology. I was enslaved by armenian tenants who knew how to stretch the law to the max, as well as the occupancy of the apartments. Quaterly filings with the state equalization board was so dreaded. A tenant with a small dog was the least of my worries and always overlooked, unless it became a nuisance.

  20. #20
    Member sungal's Avatar
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    Thanks! My landlord is just trying to climb the ladder to the top of the board with the hopes of being president and getting rid of others. He wants to change some policies and apparently asking if a small dog can be overlooked for one month would get in the way of his presidential run.

    His partner knocked on my door today and handed me the above letter. But still, he is not following eviction procedure with the correct wording in the letter, and he's not returning my rent while I'm in violation. So I'm staying until I find a place, because they know eviction will be useless, since I'll be gone in 30 days anyway. I did tell him about my horrid apartment search..no sympathy. Why are they cracking down? Because an oh-so-scary and "mean" board member will be arriving on Thursday.

    My landlord's partner said he's coming back tomorrow to see if the dog's here. I know in NJ leases there's something to the effect of "tenant has right to quiet and privacy"..it means the landlord cannot disturb the tenant.

    I think I'll research it and send him an email saying he can't knock on my door everyday. And I'm sure if I'm not home, he would just walk in.

    I've pretty much had it with my realtor. I told her about the insect problem of one that she let me look at on my own, and how I was dissapointed with what I was seeing..the creepy crawlers..I swear that she said "Oh, well if you take the apartment and live with the roaches, maybe you'll get over your fear." I never say this but, wtf??

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