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  1. #1
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    Oct 2017
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    Default Can Tenancy be Terminated on Less than a Month's Notice if You Paid Last Month's Rent

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

    My landlord is selling the home I live in. The lease expired almost 2 years ago and we have been on a month to month. I paid first/last/security when I moved in. I told my landlord on Oct. 21st that my last month rent would be used from Nov. 21st to Dec 21st. All was fine.

    Somebody made an offer on the property but said they would only purchase it if I was out of the house this month . My landlord notified me today (via text message) that he needed me out of the house by Nov. 27th. He also stated he was prorating my last month rent and would give me my last month remaining balance plus my security deposit after moving out. I stated that i told him we had an agreement i would be out by the 21st of December. To which he replied that the buyer told him he doesn't have to give me a months notice and since we are Month to Month technically he can have me removed in 15 days.

    I stated that if I knew i had to be out, I would have used my last months rent on Oct. 21st and would be out Nov. 21st. My landlord than told me if I could be out by Nov. 21st he would give me my last months rent in full upon leaving the 21st.

    I feel like I'm getting screwed in a way. I told him I was moving out, i have plans and things in order to move to another property in Dec.

    Can my Landlord evict and give me my last month rent in order to sell his house faster even though we agreed I'd be out in December?

  2. #2
    Join Date
    Jan 2011
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    401

    Default Re: Last Month Rent when Going Month to Month

    What does your lease state about notice to terminate?

  3. #3
    Join Date
    Dec 2012
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    Default Re: Last Month Rent when Going Month to Month

    The OP now has a month to month tenancy.

    In Florida such tenancies can be terminated with a 15 day notice. This NOT an eviction but rather a termination of the tenancy.

    Gail

  4. #4
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    Default Re: Can Tenancy be Terminated on Less than a Month's Notice if You Paid Last Month's

    Quote Quoting Sweetlou305
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    I told my landlord on Oct. 21st that my last month rent would be used from Nov. 21st to Dec 21st. All was fine.
    You gave proper notice to quit, ending your tenancy on Dec. 21. That does not of itself prevent your landlord from giving shorter notice.
    Quote Quoting Sweetlou305
    My landlord notified me today (via text message) that he needed me out of the house by Nov. 27th. He also stated he was prorating my last month rent and would give me my last month remaining balance plus my security deposit after moving out.
    The only notice that your landlord provided was by text message?

    Florida Statutes, Sec. 83.57(3), allows for termination of a tenancy "by giving not less than 15 days’ notice prior to the end of any monthly period", with "either party giving written notice in the manner provided in s. 83.56(4).
    Quote Quoting Florida Statutes, Sec. 83.56(4)
    (4) The delivery of the written notices required by subsections (1), (2), and (3) shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence. The notice requirements of subsections (1), (2), and (3) may not be waived in the lease.
    That has historically been interpreted to mean that "the landlord ha[s] three choices: 1) hand delivery, 2) mailing, 3) or leaving a copy at the tenant's usual place of residence." So if the landlord does try to evict based upon a notice given only by text message, you have a plausible defense based upon that being improper notice. If you want to try to push back that hard, I suggest consulting a local real estate lawyer who handles eviction defense.
    Quote Quoting Sweetlou305
    To which he replied that the buyer told him he doesn't have to give me a months notice and since we are Month to Month technically he can have me removed in 15 days.
    That's not quite correct. Your landlord can give you notice up to fifteen days before the end of a rental period -- so to end your tenancy on November 21, your landlord can give notice as late as November 6, but as of November 7 the notice would not be effective until December 21.
    Quote Quoting Sweetlou305
    Can my Landlord evict and give me my last month rent in order to sell his house faster even though we agreed I'd be out in December?
    If this is what you're asking... if you stay past Nov. 21 (or is it Nov. 27) despite your landlord's having given you notice to vacate, your landlord can commence an eviction case at that time -- but it will normally take at least a week to get a court date, and a week or two from that date to get an order of eviction, meaning that it will normally take at least three weeks to get an eviction order.

  5. #5
    Join Date
    Oct 2017
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    2

    Default Re: Can Tenancy be Terminated on Less than a Month's Notice if You Paid Last Month's

    Thank you for your responses.
    The landlord believes that I will be vavcating the premises Nov. 21st.
    I have not recieved nothing in writing as of yet. I was informed that if I stayed until the 27th he would deduct the days from my last month and give me my last month as well as what he feels is fair for the security deposit. And that I would have to wait up to 30 days to recieve my last month rent+ what ever the security is deducted to.

    He then said that if I move out on the 21st he will give me my last month, upon receiving the keys. But the security deposit will still be decided on that date and that I'd have to wait on him for that.

    The house is sold "as is". Doesn't that mean he has to give me my security deposit back?

  6. #6
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    Default Re: Can Tenancy be Terminated on Less than a Month's Notice if You Paid Last Month's

    If there is damage to the home, your landlord may have contracted to fix it as a condition of the sale or to pay the cost of repairs, or reduced the purchase price accordingly.

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