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Ellen
Ellen, Lawyer
Category: Real Estate Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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can they evict me if I dont sign a lease?

This answer was rated:

can they evict me if I don't sign a lease?

WebLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

WebLaw :

They do not have a right to evict you if you do not sign the new lease provided you currently have a lease

Customer:

my lease is month-to-month

WebLaw :

With a month-to-month tenancy a Florida landlord may terminate your occupancy with 15 days notice

Customer:

so if I don't sign this lease making me liable for all major appliances, in two weeks they may terminate my lease. How long do I have after that to have to leave?

WebLaw :

Is it a commercial occupancy or residential occupancy

Customer:

good question. It was a residential occupancy (BTW, my landlord that sold the bldg gave me 48 hours to sign a new lease. They had said it might be selling and signed in a week, but they weren't sure. Then on a Wednesday they handed me a lease to sign then and there so their deal could close on Friday. I refused but did sign an estoppel letter. That Friday I got called and screamed at that if I didn't sign that lease the new owners would start the eviction process immediately. The new owners intend to tear down the building and use it for commercial. The first lease they tried to get me to sign even charged me sales tax and was for five months.

WebLaw :

do you live on the property

Customer:

yes, for six years

WebLaw :

Florida law requires a judicial eviction. This means that the new landlord would need to give you a 15 day written notice to move and if you do not vacate the property he would need to file an unlawful detainer action to evict you. The process would typically take at least one month

Customer:

essentially, then, if I do not sign this lease, in about a month I will have to be out.

Customer:

can I give him a 30 day notice to buy more time?

WebLaw :

yes – about one month

WebLaw :

unfortunately unless the landlord agrees, giving the landlord 30 days notice will not be effective to extend your occupancy

Customer:

I should have let you answer my first question before I asked the second. Is your answer of about a month for the first or second question?

Customer:

ok, I see your answer.

WebLaw :

sorry about the confusion

Customer:

no, I am confused. I lived there for six years, bought a new car a month ago and used my emergency fund for that, and now I don't know what to do. If I sign the lease I don't have to worry about leaving, but if the hot water tank (very very old) or other major appliances fail, I must then replace it. The chances of this happening are very real, not remote.

Customer:

Do you see any alternative for me between the two?

WebLaw :

I cannot tell you what to do.... But you may consider that the new landlord in all likelihood will not terminate your occupancy without presenting you with a new lease after the closing. The current landlord wants the lease to increase the value of his property

WebLaw :

tenants who pay their rent and occupy the property for 6 years are hard to find

WebLaw :

I will be going off-line in a few minutes – Have I answered your question?

Customer:

I understand. The new lease includes the appliance stuff, and they refused to back down on it. They said if I don't sign it today that

WebLaw :

consider calling their bluff

Customer:

yes, you have. I think I'm asking you questions now that you can't answer in this context. Thank you.

WebLaw :

Best regards XXXXX XXXXX for good luck

WebLaw :

It has been my pleasure to provide you with legal information.
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WebLaw :

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