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Is a verbal agreement to rent a room valid in florida?

Orlando, FL |

I rented a room for nine months in a house, with a verbal agreement. After two months the lanlord, who lives in the same house, changed her mind and gave me 15 days to move out. I spend money when I moved in, I puntually pay my rent. She said that if I don't move out by the end of this month she will be consider it as trasspasing her property. She is a very violent person.

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Your tenancy may be cancelled by either party upon proper notice.
Fla. Statute s83.57 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
(4) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.

This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment 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. Earl K. Mallory ekmlaw@bellsouth.net (561)743-3708.

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FL Statute 83.57(3) governs month to month tenancies - the LL had to give you 15 days' notice before the end of the month. There are certain specifics the LL must follow in giving the notice - it must be in writing & of course the date of the 15th day before the month's end will vary depending on how many days are in that particular month. (In January, with 31 days, the notice must be given on or before January 16).

At any rate, if the LL properly gives you notice to vacate & you refuse to do it by the deadline, the LL would have to bring an eviction action against you to remove you. However, you state this LL is a very violent person. Do you really want to deal with her possibly getting violent with you &/or your possessions if you refuse to leave? If she is not a reasonable person, then it's doubtful she's going to care what the actual FL landlord/tenant laws say about how you can/cannot treat a tenant she wants out of the same house she lives in.

Also, you state the 9-month term was a verbal agreement. If your LL hauls you into court in an eviction action, it's possible she might claim there was never a 9-month agreement & it would be up to you to prove her wrong. This is not always easy to do when a contract is verbal & was never reduced to writing.

If the Judge agreed with your LL that there was no 9-month agreement, your LL could claim you were a holdover tenant under FS 83.58. A holdover tenant is one who refuses to leave the property after a Lease has expired. A LL can seek double the rent against a holdover tenant, for the length of time the tenant remained in the property after the Lease expired. Although I am just speculating about one possible outcome of a bad situation, it's not one you would want to be involved in.

This information is not comprehensive & should not be used as a substitute for legal advice & counsel by an attorney in your area, who can listen to your entire situation & provide guidance & advice based specifically on what you discuss. This information is provided for educational purposes only & does not create an attorney-client relationship with the author. You should seek to consult with a local attorney for assistance, should you feel you need it.

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