Six months ago I rented a room and signed a "Room Rental Agreement-Month to Month Room Share" for a two bedroom condo with the Owner/Landlord, which was originally the only other occupant of the condo. Approximately a month ago, he allowed a guest to reside on the living room couch due to her hardship. The guest's boyfriend is usually always accompanying her, except overnight for the most part.
My "Room Rental Agreement-Month to Month Room Share" states that either party may cancel or change the terms of the agreement upon 30 days written notice. The notice period may be shortened or lengthened by mutual written agreement, but not less than 7 days.
After reviewing the agreement further I noticed it's a California Room Rental Agreement and it does not contain a conflict resolution option chosen. The only stipulation or "Rule" is that I am not to have any male overnight guest's.
The monthly rental is located in Miami/Dade county. Am I able to terminate the agreement prior to the 30 day notice and move out due to the current circumstances without any legal ramifications?
It is unclear without review of the language of the contract, but it sounds like with less than 30 days it must be an agreement with the landlord. Im not sure ho the guest factors into it, you rented a room and not the whole unit; and landlord can have a separate agreement with someone else that you have no control over. So Im not sure how the guest factors into this at all. I would talk to the landlord and see what can be worked out, as per what you said "The notice period may be shortened or lengthened by mutual written agreement, but not less than 7 days."
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It sounds like the answer would be yes however in order to provide legally sufficient advice it would require a review of your agreement. Speak to an attorney to email it to them for review
You will need to have your lease reviewed by a good local real estate attorney to be sure. But generally, the answer to your question is yes, no and maybe.
The main facts that will determine this are the lease terms, and the days (times) you pay rent. In general, f you are a"month to month tenant" that means you only need give 15 days notice (before the next rental period - not 30. The fact that the owner/landlord has allowed a guest to stay in the living room (which is what I assume you mean by " the circumstances"), may or may not be considered a breach of the lease - again, it depends on its terms. for the answer to that one, I think you will need to have a local real estate attorney review your lease just to be sure.the fact that it is a form for "California Lease" means nothing here (any reviewing Court would apply FLORIDA law), although it may indicate the owner/landlord does not know what he is doing.
Hope this helps
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