My question involves real estate located in the State of: Florida
My landlord had changed our agreement from a 1 year, to a "month to month" lease about a year ago after he began to have money trouble and he told me that he might need to move back in at some time in the near future. Our agreement had stipulated that my wife and I would give him 2 months notice prior to vacating the house.
On the 4th of March he gave my wife and I notice that we must vacate the house by May 30th (actually just short of 3 mo.) because he was filing for bankruptcy and moving back into the house. My wife and I immediately began looking for a new rental and found one within 2 weeks. When I notified my landlord that we had found a new place and that we would be out of the house by the end of March (which we had already paid the rent for) he told us that he was going to withold the last months rent ($1750.00) which had payed him prior to moving in because we failed to give him the 2 months notice that we agreed to in the month to month lease.
I am not sure, but it seems unreasonable to to give a tenant 3 months notice to vacate and still insist that they in turn give you 2 months notice prior to leaving. How can you give three months notice to a tenant and insist that they stay in the house for two of those months, is that not like giving 1 months notice?
Does this landlord have the right to do this? Should I take him to Small Claims Court ( I believe he is not going to give back the security deposit either) or get an attorney?

