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How much notice is required for a month to month tenant before I can move

Hollywood, FL |

I live in an apartment and gave notice that I was moving in Jan. but it was not in writing,just verbal. I have lived here 4 years rent is always on time and no problems, now my landlord wants the month of Feb. rent and I am moving on the 10th what is my responsibility?

Attorney Answers 4


  1. See previous post or go to http://www.800helpfla.com/landlord_text.html

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed in the Commonwealth of Virginia, addressing your issue does not create an attorney-client relationship and I AM NOT providing you legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.


  2. This is a tricky area, but Florida law would probably render this arrangment to be month-to-month (assuming you paid monthly). Since it's verbal with no specifc term, it's considered to be a termination, in which case you were reuqired to provide at least 15 day's notice before the end of the month -- in writing. THe LL will have the right to rent for Feb.


  3. You ask how much notice do you have to give? There is no statutory time frame for that. If you dont pay rental for February, you can be evicted and can be subject to a judgment for the rental and costs and fees. If you gave notice you were leaving you may be responsible for hold over rent which may be double what you paid. You are likely responsible for the month of February even though you are leaving by the 10th. Your past relationship only should help in convincing the landlord that you will either do the right thing OR you will be subject to a judgment which they would be able to collect. I would work it out with the landlord.

    The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505


  4. Florida Landlord/Tenant law is primary governed by Chapter 83 of the Florida Statutes and the subject rental agreement. Pursuant to Section 83.57(3) of the Florida Statutes, a month to month tenancy may be terminated by either party by giving written notice not less than 15 days prior to the end of any monthly period.

    Based on the foregoing, a written notice is required. However, provided the rental agreement or other prior agreement allows for notice to be provided verbally, you may have an exception.

    I recommend you contact a lawyer regarding your issue if you feel you may have an exception to the written notice requirement.

    The answer provided is for general information purposes only and should not be taken as legal advice for any individual case or situation. The aforementioned information does not constitute an attorney-client relationship.

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