Home > Research Legal Advice > Landlord / Tenant > We have a month to month lease, how long does an actual eviction take wi...
Asked over 2 years ago - Sarasota, FL
FlagWe have tried to make payment arrangements with the property manager to no avail. What can we do at this point. We are behind due to the birth of our new baby. We have offered to pay as much as 400 per week to catch up and initially they agreed to this and then changed their minds a few weeks into the payments. What can we do at this point?
There is an eviction process in Florida and your landlord is required to follow it if he/she decides to evict you. As a month to month tenant, pursuant to Florida Statute 83.03, your landlord must give you no less than 15 days notice prior to the end of any monthly period.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
There are two answers, neither are good for you. Under a month to month lease, you have no rights to the property after the end of any given month. So you have no basis in law for staying on.
However, if you have proof that they agreed to your catching up, you can argue to the court that in equity and in fairness, (your baby) you should be allowed to stay under the terms of that agreement.
This is why it is usually not to the tenant's advantage to go with an oral or month to month lease.
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