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So, After a month to month verbal

Palm Beach Gardens, FL |

After month to month, as a act of good faith I paid my month of June way early, it was my knowledge the LL was trying to sell the house, now he was me to move out by June 6 and return o send me a cashier check, Does the LL can evict me? because on May 30 I did send a 30 days written notice of moving out by June 30. which he is not happy and he also hold my security deposit, what should I do ? I have two little ones. Thanks

Attorney Answers 3

Posted

You do not have to move.
You tried to tender rent for June and the landlord refused and returned it.

The LL may have lied to the new owner that there was no tenant in the property.
The new owner has to honor your month-to-month lease.

You should plan to meet with the new owner on June 30th to give keys and surrender possession.
Remove all of your items, clean thoroughly, take lots of pictures, then turn over keys. You might let them know that you took lots of pictures in case there is a dispute later.

Find out if the former owner is turning over your security deposit to the new owner.
Let them know your forwarding mailing address.

Send a demand letter if they don't write you within 30 days after you vacate either returning your deposit to you or writing you a letter making a claim against the deposit. Send your letters to them certified mail.

Good luck!

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7 comments

Asker

Posted

I paid the month of June way early and because He does not want me to through June, he did send a cashier check, it is not my check, the one that I paid he cash it, but he is like return my money, He says the new owner will be taking over tomorrow and I need to be out,

Carol Lynne Zimmerly

Carol Lynne Zimmerly

Posted

Let him know that he cannot force you out and that he will owe you if he attempts to interfere with your tenancy. If you are unsure, then see a local lawyer, who can contact the former and the new owners and demand that they stop harassing you. You have the right to be there until the end of June. If the owners interfere, they may end up being fined three times' the monthly rent. If you find that your locks have been changed, call the local law enforcement and document with pictures. Law enforcement will uphold your right to go back in the premises.

Asker

Posted

Thank you Carol, I don't have the money for a lawyer unfortunately, I been following all your coaching. Now how long does it takes to a county court to send a letter to me in case he decide to file a judicial action?

Carol Lynne Zimmerly

Carol Lynne Zimmerly

Posted

If the owner files a lawsuit, a process server will be given the summons and the complaint document. Either the sheriff's department serves them or a private process server. They will try to reach you at your residence. If you aren't there, they will try again six hours or more later. the second time, they are allowed to post it on the door. you will have to read the summons and the complaint, then find a local lawyer. Try legal aid if you can't afford an attorney on your own. make sure to follow the process through, even if you move. The owner can get a money judgment against you if you don't fight it. I hope the owner just waits for you to move at the end of June. Good luck!

Asker

Posted

Hi Carol, After following your recommendations everything went very well Thank You. Now I have one more question, a have a LL letter claiming over my deposit as a payment for the month of June, I moved out by June 29..Does he has the right to keep it ? even when he reject my payment of June . Thank You

Carol Lynne Zimmerly

Carol Lynne Zimmerly

Posted

I think you probably will fail if you claim that he doesn't have a right to keep the deposit if you owe for the month of June. So, yeah, I believe he has the right to keep it. Sorry for the bad news.

Asker

Posted

no it is ok, just want to know your opinion, since there are a lot of different opinions about, but I think the same,,Thanks once again..

Posted

If you are a month to month tenant, your landlord must give you at least 30 days prior notice. If your landlord told you less than 30 days ago that he wants you out by June 6, this is improper notice. As for your security deposit, upon inspection of your apartment, if there are no repairs that need to be made, not including normal wear and tear, then your landlord must return your security deposit.

This response will not create an attorney-client relationship.

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3 comments

Asker

Posted

Thank You,

Carol Lynne Zimmerly

Carol Lynne Zimmerly

Posted

This is a Florida question, not a New York question. "30 days" is wrong.

Effie Soter

Effie Soter

Posted

Carol, yes I just saw Fla Stat 83.57. I noted it. Dear Asker: please be sure to also check out my colleagues' advice. Apologies about the confusion.

Posted

Fla Stat 83.57 specifically identifies the time a landlord must provide you with notice. Specifically in your case the statute reads as follows, "When the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period;" This is the notice that the Landlord must give you to TERMINATE your month to month lease. After that if he wishes to remove you he must file a judicial action in county court. In such action you may raise the defense that such notice was ineffective because it was not timely even. In regards to the security deposit the Plaintiff must provide you with a proper notice for any claims that they wish to make but such can only be for damages that exceed normal wear and tear.

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1 comment

Asker

Posted

Thank you Nelson, in fact there is a section in the lease and says. should lessee remain in possession of the demised premises with the consent of the lessor after the natural expiration of this lease, a new month to month tenancy shall be created and which shall subject to all terms and conditions hereof but shall be terminated on THIRTY days written notice served by either lessor or lessee on the other party,.....

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