Skip to main content

How do I give notice to our decease landlord's family?

Jacksonville, FL |

Last month our landlord died and his family decided to tell us that we will eventually have to move & they will give us at least 60 days notice. Every week, they tell me that they should know that date in a few weeks. We decided that we should just go ahead and move & save ourselves the stress of waiting. What is the proper way of telling them if we do not have a lease? What are our rights? I am afraid that once we tell them that they will try evicting us.

Attorney Answers 3

Posted

So do you have a Lease Agreement or not?! If you do, the Lease should tell you when it runs and under which circumstances you can move out. If you do not, then you have a month to month Lease

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

Mark as helpful

2 lawyers agree

Posted

I agree with my colleague and add that if you are renting month-to-month with no specific term, you only need to provide your landlord with no less than 15 days written notice prior to the end of the monthly period that you are terminating the tenancy. I assume that if you gave a security deposit you will want it returned, therefore, I recommend that after you properly clean the dwelling you should take many photographs to document the condition of the property. If possible, have a representative from the landlord do a final inspection in your presence. The landlord's rep. will have 15 days to return your deposit if no claim is intended, or have 30 days to inform you by certified mail that they intend to impose a claim on your deposit. If a claim is made, you then have 15 days to send a written objection, which I recommend by by certified mail. Best of luck.

The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. The information provided by this website is not intended, nor should it be construed, to be legal advice. Your use of this website, and/or the sending of information to the Fucillo Law Firm, P.L., does not establish an attorney/client relationship. Please do not send us any confidential or privileged information until such time that an actual attorney/client relationship is actually established.

Mark as helpful

3 lawyers agree

1 comment

Carol Lynne Zimmerly

Carol Lynne Zimmerly

Posted

If your rent is due on the first, send a letter certified mail now that you are vacating as of the last day of August. It is too late to send the notice for the last day of July. Unless you can hand it to them on tomorrow, July 16th. good luck!

Posted

If you have an address, send notice to them at the address, or drop a notice by them at the address. They told you that you will have to move. The best thing to do is to consult with a local attorney. Your fear is getting the better of you. They would be wasting time and money suing you when they know you are leaving.

R. Jason de Groot, Esq., 386-337-8239

Mark as helpful

3 lawyers agree

1 comment

Carol Lynne Zimmerly

Carol Lynne Zimmerly

Posted

If you pay rent on the first, then each month is a periodic payment on the first. You have to give at least fifteen days notice that the LL receives before the day the periodic payment is due. Send the notice certified mail return receipt requested AND mail a second copy non-certified. Good luck.

Landlord-tenant topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics