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  1. #1
    Join Date
    Jun 2008
    Posts
    1

    Default What Constitutes A 60 Day Notice

    My question involves landlord-tenant law in the State of: Florida
    My daughter and her friend are renting in Florida and 75 days prior to the end of the lease, the manager had posted a "Lease Renewal Notification" on the door. It stated the date of end of lease, the lease amount after that date for the same apartment, and below that, a statement and 3 choices. The statement was as follows...."If you will be renewing your lease or vacating, please let us know by indicating in the appropriate box below. Please sign and return this paper to the office."
    ____ Yes, I agree to the rental amount and would like to sign another lease agreement which will protect me at the rate indicated above.

    ____ No, I will not be renewing my lease agreement. I will be staying on a month to month basis and agree to pay current market rent plus a $75.00 month to month fee. I further understand that I must give a 30 day written notice prior to the end of any monthly period of vacating.

    ____ No, I will not be renewing and will come to the office to fill out a move out notice 60 days prior to vacating.

    My daughter had checked the last box and when she went to the office to fill out the form, she stated to the manager that her roomate was not here at the time to sign the form and they did not have a place yet for the forwarding information needed to complete the form. The manager stated "Don't worry right now about filling it out." Now that they have a place to move to, the manager states they will have to stay or at least pay for an additional month past the end of the lease period.
    My question is...Would this paper, checked, signed, and dated constitutes a notice to move out, given the other two options above it?

    Thanks in advance for your response.
    sunnydaysII

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Constitutes A 60 Day Notice

    The issue right now is what the landlord is going to do. My guess is that the landlord is going to continue to argue that the notice, although timely, was not in a proper form and thus that the rent is owed. I would argue that the notice was sufficient, and at a minimum it was sufficient in relation to your daughter, but it may take a small claims action to get any money back.

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