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

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


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 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., 305 377 1505

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I was recently told that according to the Protecting Tenants at Foreclosure Act of 2009 they are required to give me 90 days. However, in reading this law it defines a bona fide tenant as "The lease or tenancy requires the receipt of rent that is not substantially less than fair market rent or the rent is reduced or subsidized due to a federal, state, or local subsidy" among others. Although I am currently paying rent to the HOA it is only $300. Does that mean I am not a bona fide tenant and that this law doesn't apply to me?

Alan Smith

Alan Smith


I disagree with Mr. Stein's answer. 15 days would apply if it was still the original owner terminating the lease, and if you had not agreed to any other notice period. Under the PTFA, the new owner must give 90 days notice before requiring even an at-will month-to-month tenant to leave. See the PTFA, PL 111-22, published May 20, 2009, at title VII, Section 702(2)(A). The sole exception would be if the asker were in some form of subsidized housing.


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 not subject to attorney-client privilege.

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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 (904) 854-6336.

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