I want to know if FL statute trumps this clause in my lease - particularly whether I can terminate a month-to-month 15 days notice even though the lease says 30 days. (Also note how the law is cited for the 60-day notice, but not for 30-day).
Here is the actual clause:
"Subject to the provisions of this Lease, the initial term of this Lease shall commence on the Beginning date identified on page 1 and end on the Ending date identified on page 1. Provided, however, unless prohibited by applicable law, a 60 day written notice is required by either party to terminate this Lease at its stated expiration date. To the extent allowed by applicable law, if notice of termination is not given at least 60 days prior to the stated expiration date, this Lease will automatically renew on a month-to-month basis until either party gives at least 30 days prior written notice to the other; in which case, this Lease shall terminate 30 days from the date indicated in the notice or such later date designated in the notice (whether or not the 30th day falls at the end of the month; if the termination date is not at the end of the month, Monthly Rent shall be prorated accordingly)
One would need the entire lease to do a proper construction, of course, but that said, i believe this provision is directed at "renewal" of the end of the initial term, not generally at "termination." Since there is a lease, it is NOT a month-to-month tenancy without a specific duration (i.e.,to which the '15 days' notice of which you refer would apply).
Hope this helps.
This communication is not intended in any way to establish an attorney-client relationship, nor provide legal advice; it is submitted by its author simply as a general comment on the facts contained in the Question posed. NOTE: This attorney contributor is NOT actively seeking new clients.
Leases control the situation generally. You should consult with a local real estate law attorney. Some will charge a small fee for a short discussion and it's well worth the investment. Good luck.
Statute is for a month to month tenancy with no lease not a written lease. You cannot ignore contractual terms those control.
PLEASE DO NOT CALL/EMAIL FOR FURTHER FREE ADVICE ABOUT YOUR AVVO QUESTION UNLESS YOU INTEND TO HIRE A LAWYER/US. Information posted or made available on or through this site is not intended as legal advice or to create an attorney-client relationship between you and any attorney. You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. HK Legal Group, P.A. is a real estate and general practice law firm located in Delray Beach, Florida. Please note the contacting us does not create an attorney-client relationship until our firm is officially retained.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline