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Marsha411JD
Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 19780
Experience:  Licensed Attorney with 29 yrs. experience with Real Estate
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I have rented a Cottage in back of a house that has not been

Customer Question

I have rented a Cottage in back of a house that has not been rented in months. I do not have a lease and am renting from month to month, 15th-15th. As of today the Landlord told me either A. I pay him $1,300 a month to stay here or move out by or before the 1st of February. I have not violated any Florida Tenant Laws in accordance to The Florida Bar!
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Marsha411JD replied 10 months ago.

Hello,

Thank you for the information. I assume that your question is whether or not the landlord can give you such an ultimatum. The answer is a qualified yes. First and foremost, in Florida there does not to be "cause" to terminate a month to month tenancy. Either party can terminate the tenancy with no less than 15 days written notice prior to the end of the monthly period.

So, although your landlord has the right to terminate your tenancy without cause, it appears, based on what you shared, they have not done so in accordance with the law. That means that you do not have to leave and can continue to pay your rent unless and until they provide you with the proper written 15 day notice. You can see the section of the Landlord and Tenant Act that I am referring to by going to the following link: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.57.html

Please let me know if you need any clarification. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 10 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 26th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received any follow up questions or your rating. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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