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I deducted the cost of towing from my rent because leasing agent told me to park wherever. Can they give a 3day notice to move??

Fort Lauderdale, FL |

Other tenants were always in my assigned parking. Leasing agent told me to park anywhere, I parked in the loading zone and my car was towed. I deducted cost of towing from the following months rent and now they have attached a late charge and have given me 3 business days to pay or be evicted.

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Attorney answers 1


One question would be who contacted the towing company. If it's a situation where a towing company has free will to travel into the complex and tow vehicles that are parked in a tow zone, you have a problem. It really would be no different if someone in the office for the landlord told you to park in one of the handicapped spots. As for the 3-Day Notice, does it just ask for rent or does it also include the late fee? Late fees can't be included in a 3-Day Notice unless those fees are spelled out as "additional rent" in your lease agreement. To preserve your legal right to posession, you need to pay the rent owed by the due date. Then, my advice would be to sit down with the leasing agent to get this resolved. If you can't reach a satisfactory solution, go above the agent by writing a letter to the landlord/owner. If an eviction is filed because you failed to pay the amount on the Notice, you should file an answer and include language that you are requesting a hearing to determine the rent owed. This will allow you to first explain to the judge what happened before you have to deposit rental monies into the Court Registry.

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