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  1. #1

    Default Help With Lease Notice Provisions

    We have a written one year lease which is supposed to end on Sept 30th. With just over 30 days remaining on the lease we got a notice posted on our door (with no date on it) yesterday informing us we are required to give 60 days notice if we do not intend to renew. (We have no intentions of renewing here). I started looking online and found a statute which says we do have to give 60 days notice, but the landlord has to give US 15 days notice before the 60 day "count down", written, and list all fee's and penalty's we will have to pay. They only now give us the notice, way after when they were supposed to, too late for us to do anything about it except send in written notice now (Which we did). Their little notice has no date on it, doesn't list any fee's, just says the word fee's. The woman in the managment office refused to send me another notice with yesterday's date on it. I am going to get completely screwed. Please tell me what they've done isn't legal. Should I withold rent? Just move out? File a pre-emptive lawsuit?

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: 15 Day notice BEFORE the 60 notice - HELP

    What does your lease say about all your questions?

  3. #3

    Default Re: 15 Day notice BEFORE the 60 notice - HELP

    It makes no provisions as to what happens if they fail to give the required 15 day notice to me before the 60 days begin. I'll have to read the lease again to find out if they even inform me that they are required to give this notice. Everything about the way they are handling this stinks. I wonder how many other people in my complex this has happened to?

    PS - Thank you SO mcuh for any advice you can offer!!

  4. #4

    Default Re: 15 Day notice BEFORE the 60 notice - HELP

    HELLO? Anyone out there have any ideas?

  5. #5
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: 15 Day notice BEFORE the 60 notice - HELP

    Quote Quoting Bocaratonrenter
    View Post
    HELLO? Anyone out there have any ideas?
    Why don't you provide the name of your state and the statute you found so it can be reviewed.

    Also did you get a chance to read your lease?

  6. #6

    Default Re: Help With Lease Notice Provisions

    My State is Florida -


    83.575 Termination of tenancy with specific duration.--

    (1) A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord before vacating the premises at the end of the rental agreement; however, a rental agreement may not require more than 60 days' notice before vacating the premises.

    (2) A rental agreement with a specific duration may provide that if a tenant fails to give the required notice before vacating the premises at the end of the rental agreement, the tenant may be liable for liquidated damages as specified in the rental agreement if the landlord provides written notice to the tenant specifying the tenant's obligations under the notification provision contained in the lease and the date the rental agreement is terminated. The landlord must provide such written notice to the tenant within 15 days before the start of the notification period contained in the lease. The written notice shall list all fees, penalties, and other charges applicable to the tenant under this subsection.
    (3) If the tenant remains on the premises with the permission of the landlord after the rental agreement has terminated and fails to give notice required under s. 83.57(3), the tenant is liable to the landlord for an additional 1 month's rent.

    History.--s. 3, ch. 2003-30; s. 1, ch. 2004-375

  7. #7
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Help With Lease Notice Provisions

    Quote Quoting Bocaratonrenter
    View Post
    My State is Florida -


    83.575 Termination of tenancy with specific duration.--

    (1) A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord before vacating the premises at the end of the rental agreement; however, a rental agreement may not require more than 60 days' notice before vacating the premises.

    (2) A rental agreement with a specific duration may provide that if a tenant fails to give the required notice before vacating the premises at the end of the rental agreement, the tenant may be liable for liquidated damages as specified in the rental agreement if the landlord provides written notice to the tenant specifying the tenant's obligations under the notification provision contained in the lease and the date the rental agreement is terminated. The landlord must provide such written notice to the tenant within 15 days before the start of the notification period contained in the lease. The written notice shall list all fees, penalties, and other charges applicable to the tenant under this subsection.
    (3) If the tenant remains on the premises with the permission of the landlord after the rental agreement has terminated and fails to give notice required under s. 83.57(3), the tenant is liable to the landlord for an additional 1 month's rent.

    History.--s. 3, ch. 2003-30; s. 1, ch. 2004-375
    What they did was not legal, they were required by law to give you a 15 day reminder if it was written in the lease that you had to give 60 days notice.

    My advice is you should consult with a local attorney to find out what steps you should take next. (Also bring your lease.)

    Here is a link with good information: http://www.evict.com/?page=articles_...oticebeforeend

    Please post back with update.

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