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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 28116
Experience:  Attorney
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We are renting a cottage at a RV Resort it Naples that says

Customer Question

we are renting a cottage at a RV Resort it Naples that says we have till 9:30 2015 to I have a month to month rental now they say their corporate office is rented out our space and we have to leave nowwhat can we do are we safe to stay here I went to pay the rent today and they said they were trying to reach me I got an email May 3rd from one of those office persons that was from her name so I did not open it because I didn't recognize the name andI have gotten emails from everything to personal shopper or someone says I have money coming can call them or email them give them all my info so I didn't even open the email
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear that this happened?

Can you just clarify for me whether you're in Naples, Italy or one of the various towns in the U.S. called Naples? (And which state?)

Do you have something in writing that says you can stay until the end of September? When did the rental office say that they'd rented your space to someone else?
Customer: replied 1 year ago.

Naples, Florida. When I went in to pay rent on 6-2-15 is when I was told that I needed to be out THAT DAY. Other than that I got one email, 5-2-16, with a header of a womans name, not the company. This email says thier corporate company rented this out and they have no other openings, but it would be better sooner rather than later to give them further deposit. No other phone call or letter...

My invoice states arrival: 4-1-15 182 nights Departure : 9-30-15

Under Statement description; Rental Charges: site rental (4-1-2015 - 9-30-2015 / rental-monthly / days 182 / base rate: $599.00 )

Expert:  Lucy, Esq. replied 1 year ago.
Thank you.

If you rented the space for April through September and paid for it, they cannot ask you to leave early unless you have somehow violated the terms of being there. Most violations require a notice of what you did wrong and a chance to fix the problem within 7 days. Fl. Stat., Section 83.56. So, they're not allowed to rent the space to someone else, and you don't have to leave.

On top of that, even a month-to-month tenant is entitled to 15 days notice before being asked to vacate. Fl. Stat., Section 83.57. The statute requires written notice, handed directly to you or posted on the premises. Section 83.56(4). (link above). Emailed notice is not sufficient to terminate a tenancy, even if it were legal for them to ask you to leave, which it isn't.

They cannot make you leave, and if they try to force you out, you may be able to sue for up to three months rent PLUS a court order letting you back in until September, plus any actual expenses you incurred due to their breach of the contract. Section 83.67.

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