How much notice to vacate is a landlord supposed to give a tenant in Florida.

Asked over 1 year ago - Davie, FL

I rented this place in August '09 as a month - to - month . I was contacted by the HOS in July of last year that I had to start paying the rent to them since the owner was no longer paying them . So I did . Yesterday I received a notice that the place was sold in a Trustee Sale last month . They are asking me to surrender the premises immediately . I don't have an active lease , although I do have receipts of my payments to the HOS . How much notice to vacate are they required to give me ? I contacted the number on the notice and tried to obtain information . I was told that if I provide them with a copy of my lease & payment receipts they could tell me what they expect for rent and such . Should I provide them this information ?

Attorney answers (3)

  1. Barry A. Stein

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . You need to get 15 days notice for a month to month lease. Yes, cooperate and see if that gives you some extra time.

    The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual... more
  2. Alan Smith

    Pro

    Contributor Level 13

    Answered . 1. Make sure that the trustee sale was for foreclosure. Trustee sales may also occur if the owner fails to pay property taxes.

    2. If it is a foreclosure, you are entitled to 90 days notice even as a month to month tenant. Protecting Tenants At Foreclosure states that state law may only lengthen the time period. The 15 days notice would only apply if it was still the original owner with whom you signed the lease asking you to leave.

    My response to this question does not mean I agree to represent you in any proceedings. This information is also... more
  3. Preston Hall Oughton

    Pro

    Contributor Level 11

    Answered . The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline what happens when the landlord needs the tenant to vacate. Generally, landlords are not allowed to require tenants to move to another location, but it may be that the landlord would be willing to work out a deal to cover the cost of movers. The notice requirement for a month-to-month agreement is 15 days. I recommend you talk with an attorney about your situation.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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