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  1. #1
    Join Date
    Jul 2011
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    3

    Default 60 Days Move Out Notice for a Two Month Lease

    My question involves landlord-tenant law in the State of: FL

    I have a two month lease, from 7/1-8/31. On 7/19, they called me telling me that I have missed my 60 days of move out notice by 20 days, and if i turns it in on that day, they will charge me for 20 days of my {rent+$100}. The lease says 60 days notice is required but it doesn't say how it can punish me if i turn in late. Can they fine me like they said?
    Also if i have to pay the fine, do I get to stay for extra 20 some days that I paid for?
    (I still have not turn in my notice yet) Thanks a lot! John


    "5.RENEWAL: Unless a new Lease is signed by all parties or unless there is a written notice of non-renewal given by either party to the other at lease 60 days prior to the stated expiration date of this Lease, this Lease, upon its stated expiration date, will automatically be renewed on a month-to-month basis with the monthly rent set at market rate plus $100.00. Either party may terminate a resulting month-to-month lease by delivering written notice of termination to the other party at lease 30 days before the desired termination date. For purposes of this Lease, market rate is defined as the monthly rental rate that Landlord is offering prospective residents for simularly situated aoartments at that time."

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: 60 Days Move Out Notice for a Two Month Lease

    Quote Quoting jwz954
    View Post
    My question involves landlord-tenant law in the State of: FL

    I have a two month lease, from 7/1-8/31. On 7/19, they called me telling me that I have missed my 60 days of move out notice by 20 days, and if i turns it in on that day, they will charge me for 20 days of my {rent+$100}. The lease says 60 days notice is required but it doesn't say how it can punish me if i turn in late. Can they fine me like they said?
    Also if i have to pay the fine, do I get to stay for extra 20 some days that I paid for?
    (I still have not turn in my notice yet) Thanks a lot! John


    "5.RENEWAL: Unless a new Lease is signed by all parties or unless there is a written notice of non-renewal given by either party to the other at lease 60 days prior to the stated expiration date of this Lease, this Lease, upon its stated expiration date, will automatically be renewed on a month-to-month basis with the monthly rent set at market rate plus $100.00. Either party may terminate a resulting month-to-month lease by delivering written notice of termination to the other party at lease 30 days before the desired termination date. For purposes of this Lease, market rate is defined as the monthly rental rate that Landlord is offering prospective residents for simularly situated aoartments at that time."
    Maybe there's something strange here, or I'm missing something, but if you signed a only 2 month lease that requires a 60 days notice, and here 19 days into the contract, they tell you that you are already 20 days late, things don't add up. There is a concept in the law of the "impossibility of performance", so you'll have to tell them you're not renewing a contract even before the contract started. So it seems on the very day you signed the contract, you were already a day late. Does this make sense??

  3. #3
    Join Date
    Jul 2011
    Posts
    3

    Default Re: 60 Days Move Out Notice for a Two Month Lease

    Sorry about the typo, when they called me on the 19th, they say if you turn in the notice tomorrow(20th), we will charge you for 20 days.

    My concern is: before this 2 month lease, I have a 12-month lease with them ending on 6/30. In April, they asked me if I would like to renew, I said I don't, but still need 2 extra months to live here. They say that's OK, but we need to give you a new lease to sign. This two month lease is signed on 4/20, and set to starts on 7/1 and ending at 8/31.
    My question is, the reason they asked me to sign this two month lease is I told them I am not gonna renew my 12 month lease rather need two extra months of stay in my apartment. Will this subsitude my 60 days of notice of my 2 month lease? If I intend to stay longer, I wouldn't request just a two months lease.

    Thank you very much!

  4. #4
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: 60 Days Move Out Notice for a Two Month Lease

    Quote Quoting jwz954
    View Post
    Sorry about the typo, when they called me on the 19th, they say if you turn in the notice tomorrow(20th), we will charge you for 20 days.

    My concern is: before this 2 month lease, I have a 12-month lease with them ending on 6/30. In April, they asked me if I would like to renew, I said I don't, but still need 2 extra months to live here. They say that's OK, but we need to give you a new lease to sign. This two month lease is signed on 4/20, and set to starts on 7/1 and ending at 8/31.
    My question is, the reason they asked me to sign this two month lease is I told them I am not gonna renew my 12 month lease rather need two extra months of stay in my apartment. Will this subsitude my 60 days of notice of my 2 month lease? If I intend to stay longer, I wouldn't request just a two months lease.

    Thank you very much!
    I understand you. You're saying you told them that you are just staying two more month, and yet they make it two more months with more extensions. Anyone looking at it would figure that you wanted just a two month extension, not a two month extension with more extensions. So, there's really no meeting of the minds here, in my opinion, in which case an unenforecebale contract.

    They can always say you didn't carefully read the contract.

  5. #5
    Join Date
    Jul 2011
    Posts
    3

    Default Re: 60 Days Move Out Notice for a Two Month Lease

    Thank you so much for your reply.

    Is the law fevor me if I bring up "impossibility of performance"?

    The data of lease signed is on 4/20/2011, well before the lease term begin date which is 7/1/2011. Will this affect my ability to argue my case of "impossibility of performance" with them? When is the exact time I become obligated to the lease I sign? The date I sign the lease? or the date lease become effective?

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