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Asker
Posted over 1 year ago.

Hello Jed,
thanks for taking your time for us. So according to your statement.. in our case a two week time would be dated correctly for 1/15/13 because we received the termination email on 12/31/12, correct ? so no way 30 days ?
Below Jacueline says because of a month to month they can terminate and kick us out any time, is that correct ?

Jed R Prest
Jed R Prest, Real Estate Attorney - Orlando, FL
Posted over 1 year ago.

I don't agree with Ms. Salcines completely on this matter. Florida statue 83.57 controls the notice period for non writtem

Jed R Prest
Jed R Prest, Real Estate Attorney - Orlando, FL
Posted over 1 year ago.

(sorry hit the wrong button) written leases. You have a valid lease so it remains in effect. Ms Graham gave a very thorough answer which you should review as well. the email could be construed as written notice, but you should have until the end of January, not the middle.

Jed R Prest
Jed R Prest, Real Estate Attorney - Orlando, FL
Posted over 1 year ago.

please feel free to contact me if you have any further questions, but I would recommend talking to a local attorney.

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Asker
Posted over 1 year ago.

Thank you Jed ! Im just a bit cofused if we have now 2 weeks or a month in Florida and if email is considered as a proper way to give us the termination or if a certified letter is necessary from them to terminate us in the legal way

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Asker
Posted over 1 year ago.

I have a typo as well in my first statement. We paid the last time rent on 12/03/12 what has been for the month of december

Jed R Prest
Jed R Prest, Real Estate Attorney - Orlando, FL
Posted over 1 year ago.

I double checked the statute and a mailed letter is required. Certified letters are just to prove it was delivered. If you have not paid the January rent, you should do so per Ms. Graham's recommendation. In Florida, where the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period. So if they don't give you notice within the proper time, then you can get more than a month notice, but it can't be less than 15 days. if they do not give you written notice 15 days prior to the end of the month, then you can possibly get to the end of February.

Jed R Prest
Jed R Prest, Real Estate Attorney - Orlando, FL
Posted over 1 year ago.

if you do pay the rent, then they can evict you for nonpayment of rent.

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Asker
Posted over 1 year ago.

Great ! thank you Jed ! that helps a lot. Not that I dont want to pay rent but I heard that Owners are not allowed to receive rent for the property they selling through a short sale. Any truth on that as well ?

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Asker
Posted over 1 year ago.

So does it effect us if they want/are closing the short sale on the 15th of January ?? Can the new Owner just evict us right away for trespassing?

Jed R Prest
Jed R Prest, Real Estate Attorney - Orlando, FL
Posted over 1 year ago.

No. If they own the property, they have the right to the rent. This is true even if the property is in foreclosure. Once the property is sold, the buyer can collect the prorated rent from the seller, but that is dependent on their agreement. The bigger issue is the escrow deposits. Many times buyers forget to collect that money, but it shouldn't effect you really.

Jed R Prest
Jed R Prest, Real Estate Attorney - Orlando, FL
Posted over 1 year ago.

The new owner takes your property subject to your lease.

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Asker
Posted over 1 year ago.

Jed, you been fantastic help for me and my family. We are in a really desprate situation and we are looking to find a new home asap but this notice came pretty surprsingly. For some reason they want us out before the closing date.

Great ! so I will let them know to send us a proper termination letter for us to move out and we will have then time 15 days upon receiving that letter...
EVEN if they close the short sale on 01/15/12 ?

Jed R Prest
Jed R Prest, Real Estate Attorney - Orlando, FL
Posted over 1 year ago.

They want you out by the closing because the buyer is likely wanting to live in the unit. Or the buyer wants to rent the unit out at a higher rate. You could try to negotiate moving out sooner if the landlord pays your moving expenses or deposits.

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Asker
Posted over 1 year ago.

its an investor company.. thats what we got told. For us its just important that we get not dragged out by officials on the 15th and all our belongings are lost inside the property

Jed R Prest
Jed R Prest, Real Estate Attorney - Orlando, FL
Posted over 1 year ago.

They cannot self help. If they lock you out or attempt forfeit you personal property you have legal remedies and can speak damages. You need to attempt to contact a local attorney right away.