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    Default Re: What is a Landlord's Obligation to Refund Last Month's Rent

    Quote Quoting edteach
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    Let me first say you did not read the post correctly, I asked if email was written notice, I have seen people say yes and no, so that aside, I did not rent it out and collect her rent, in fact I will lay it out again to make it crystal clear.
    Why do you feel the need to be rude, particularly given that any failure of comprehension is your own?

    Let me repeat myself: (a) an email is in writing and (b) you accepted and acknowledged the notice." (Here's a circuit court opinion finding that an email satisfied the statutory requirement for the mailing of a written notice.) You even advertised the unit as available and found a tenant, based upon the notice you received, so even if you convince a court to revisit the question of what constitutes the mailing of a notice you're going to have a dickens of a time convincing a court that you didn't understand that notice had been given, or that you didn't acknowledge and accept the notice with the tenant justifiably relying upon your acceptance of the notice.

    If you are admitting that you have no contractual basis to hold her responsible for the $15 fee, then her alleged statement offering to pay the fee would be a non-binding offer to make a gift to you, subject to revocation. Funny -- you want to hold her to statements found in her emails and texts, even as you attempt to disavow your own in order to purport that you didn't receive notice.

    Going back to some questions you didn't answer: Your tenant does not appear to agree with you that she agreed to give sixty days notice. Do you have that agreement in writing? Do you have any confirmation from your tenant that she agreed to give sixty days notice to end her periodic tenancy, following the expiration of the initial lease term?

    Absent an actual agreement that she provide greater notice, her obligation is to provide notice to end a month-to-month tenancy not less than fifteen days before the end of a rental period -- so absent an agreement, notice on July 19 would have been effective to terminate her lease as of August 12.
    Quote Quoting Florida Statutes, Sec. 83.57. Termination of tenancy without specific term.
    A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:

    (1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period;

    (2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period;

    (3) When the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period; and

    (4) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.
    Quote Quoting Florida Statutes, Sec. 1.01(4). Definitions
    (4) The word “writing” includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. The word “writing” also includes information which is created or stored in any electronic medium and is retrievable in perceivable form.

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