Ayala Takes Action Against Alleged $22,000 Lease Breach: What Property Owners Should Know

Our attorney, Eion G. Oosterbaan, Esq., recently filed a lawsuit on behalf of a landlord seeking to recover more than $22,000 in allegedly unpaid rent and related damages after years of unsuccessful attempts to resolve the matter outside of court.

While every case is unique, this lawsuit serves as an important reminder that a signed lease is only one piece of the legal puzzle. Subsequent agreements, written acknowledgments, and even partial payments can all become significant evidence when enforcing contractual rights.

The Dispute

According to the Complaint, the parties entered into a residential lease agreement in late 2019 for a property in Homestead, Florida.

The lawsuit alleges that the tenants eventually fell behind on rent, making only sporadic partial payments while the outstanding balance continued to grow. After an eviction action was filed and possession of the property was ultimately returned to the landlord, the parties allegedly entered into a separate written agreement acknowledging the outstanding debt and establishing a repayment schedule.

The Complaint further alleges that the repayment agreement was also breached after only limited partial payments were made over several years, despite multiple written acknowledgments of the debt.

As a result, the lawsuit seeks damages based on several legal theories, including:

• Breach of Contract

• Breach of the Residential Lease Agreement
• Account Stated
• Open Account
• Unjust Enrichment (pled in the alternative)

Why Written Acknowledgments Matter

Many people assume that once a lease ends, so does their legal exposure, but that is not always the case.

When someone signs a written agreement acknowledging an existing debt, or later confirms that debt in writing while continuing to make partial payments, it may strengthen the creditor’s ability to pursue collection through the courts.

Depending on the facts, these documents can help establish:

• That the debt exists.
• That the amount owed was acknowledged.
• That the parties intended repayment.
• That later promises to pay were made voluntarily.

Every situation is fact-specific, but documentation often becomes one of the strongest pieces of evidence in commercial and contract litigation.

Litigation Is About More Than One Contract

This case also illustrates an important principle of business litigation: lawyers often evaluate every legal theory available, not just the original contract.

When disputes arise, experienced litigators examine the entire course of dealing between the parties, including:

• Original contracts
• Amendments and addendums
• Settlement agreements
• Payment histories
• Emails and text messages
• Written acknowledgments
• Partial payments
• Financial records

Sometimes, documents created years after the original agreement become just as important as the agreement itself.

What Property Owners Can Learn

Whether you own one rental property or manage multiple investment properties, proper documentation can significantly impact your legal options.

Some best practices include:

• Keep complete payment records.
• Document all communications regarding unpaid balances.
• Put repayment agreements in writing.
• Preserve emails, text messages, and signed acknowledgments.
• Consult an attorney before informal payment arrangements become long-term problems.

Taking these steps early may place you in a stronger position if litigation later becomes necessary.

At our law firm, our attorneys work to develop litigation strategies based on the complete factual record, not just a single document. Whether representing business owners, landlords, or individuals involved in contractual disputes, we focus on protecting our clients and pursuing the legal remedies available under Florida law.

If you need legal assistance, please don’t hesitate to contact one of our experienced attorneys at 305-570-2208. 

You can also contact our team directly at: arianna@ayalalawpa.comlease lease

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].