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Can the landlord give me a 30 day notice in Florida ?

Boca Raton, FL |

We went month to month after our 1 year lease was completed.
No papers were signed .
The original lease had a 60 day notice period on each side
Can the landlord give me a 30 day notice in Florida because I am month to month now ?

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Attorney answers 4

Posted

As I recall in Florida, LL doesn't have to give even that: 15 days in your state.

See Florida statute : 83.57 Termination of tenancy without specific term.--A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:

(1) When the tenancy is from year to year, by giving not less than 60 days' notice prior to the end of any annual period;

(2) When the tenancy is from quarter to quarter, by giving not less than 30 days' notice prior to the end of any quarterly period;

(3) When the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period; and

If your lease requires 30 days notice then you are probably obligated to pay for March also.

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Asker

Posted

Wow...I still have my last and security with the landlord. It gave me the impression that conditions of the year to year applied and I was also supposed to give a 60 day notice.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

You indicated that your lease expired and you were on a month to month lease I believe the statute above applies. Give a call to a FL landlord tenant attorney just to ensure your ducks are in a row--many offer free consultations. If this was helpful, clikc on the 'helpful' botton avvo offers. Best of luck.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

disregard the last sentence about March's lease--that is a cut/paste from a previous quesiton I answered for FL resident this morning regarding the same statute. My bad.

Posted

If you are month-to-month, then the Landlord can give you a fifteen day notice prior to when rent is due and you must be out by the beginning of the next period. For example, if rent is due on the 15th of the month, the landlord has to give a notice by the last day of the previous month and then you must be out the end of the day the 15th.

Was the 60 day notice period for non renewal of the lease? or was it for early termination of the lease? Either way, the 60 day notice would only apply if there was specific language that the 60 day notice would apply to a month-to-month lease after the original lease expired.

Posted

The above is correct - start looking for another place before an actual eviction is filed.

Nothing herein creates an attorney-client relationship.

Posted

Although Florida Statutes only require a landlord to give not less than 15 days notice of termination prior to the end of the monthly period, that may not apply where there was originally a written lease. Material provisions of the lease survive expiration of the lease where the tenant remains in possession with the consent of the landlord. For example, the amount of rent to be paid. Just because a lease expires and the tenancy becomes month-to-month does not mean that the all of the lease terms expire and the parties revert to the Florida Residential Landlord and Tenant Act. You should consult a landlord-tenant attorney on your particular facts.

Disclaimer: Please note that this answer does not constitute legal advice, it is for informational purposes only, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Asker

Posted

The property agent with whom I was in touch always gave me the impression that a 60 day notice was needed. The Landlord is retaliating to my request to repair a broken AC and Dryer unit. He even says on the notice that he is evacuating me to restore the home to a condition that I demanded of him. I am actually OK to move but he has both my last month and security. The Property manager also says that I will loose my security because that's what this guy does all the time.

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