I rent month to month pay my rent on time every month and every time I call to tell my landlord something needs to be repaired she flips out,the lady is psycho.I have been living in mold infestestation due to an inside water leak that went so long even after I told her about it.She finally fixed that leak but now there is water spewing from a pipe leading to the water pump outside, when I called to tell her as usual she flipped out ie; cursing etc. sent her ex-husband over who after asking me for a 15.00 late fee which is non-existent and I didn't even rent it from him he proceeded to say very vulgar things to me regarding having sex with him then turned off my water and left.Today she called and said SHE IS EVICTING ME?Also the place was a dump when I moved in and I put a lot of money it!
Real Estate Attorney
As your lease is month to month all they have to do is give you 30 days notice of termination, even if you pay rent on time. It sounds like you are better off leaving anyway.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
Chapter 7 Bankruptcy Attorney
Mr. Fink, who first answered your question, is a California lawyer and doesn't doesn't know anything about Florida landlord-tenant law. If he were in Florida giving you these opinions, he would be subject to a restaining order by the Florida Supreme Court for practicing law in Florida without a license. Nevertheless, Mr. Fink insists in answering questions of Florida law about which he knows nothing apparently without regard to the possible harm and ignorant opinion of the law might cause someone looking for assistance.
The eviction process is a relatively long and involved legal process which costs a LL hundreds of dollars and takes weeks if not months to accomplish. Many LLs need to hire an attorney to accomplish it. In Florida the law is weighted in favor of the tenant, not the landlord. If you were to stop paying the rent it would take at least a month or more to legally evict you.
You probably should be looking for a new place to live. But any attempt by the LL to "constuctively evict" you is an actionable offense by you. You would be entitled to 3 times the rent or 3 times damages if the LL tries to evict you by turning off the water, electricity or any other means other than a writ of possession issued by a county court. You would have to file suit against the LL after you have been constructively evicted. If they come to the place and threaten you, CALL THE POLICE. You are entitled to possession of the premises and THEY ARE NOT. They have to provide you with running hot and cold water by statute.
If you can, you should contact a local attorney familiar with landlord tenant law. Otherwise, contact your local legal aid office. Take pictures.
By the way, it is a 15 day notice that you are moving out, not a 30 days notice.
The foregoing is offered for informational purposes only and is not legal advice nor does it create an attorney-client relationship. To indicate that you have read the answer it would be appreciated if you would check either the thumbs up or thumbs down box below. More than one attorney may respond to your question over the next 5 days so it may be beneficial for you to keep checking for answers.
3 found this helpful
Real Estate Attorney
You are only required to provide 15 days prior written notice if you want to terminate a month-to-month tenancy. Research constructive eviction in Florida and you will learn that your Landlord cannot turn off your utilities in order to get you to leave. Take lots of pictures of the damage you claim was caused by the leak. This will help you in any future case, if any, with your Landlord.
Check out this link to read over Florida's Landlord/Tenant laws. http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0083/ch0083.htm
Place special attention to Fla. Statutes sections 83.56 and 83.57.
No attorney-client relationship is express or implied by any aspect of this response. Please retain and then consult with your attorney for specific advice.