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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33766
Experience:  15 years real estate, Realtor. Landlord 26 years
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I have been renting a home since june 1st 2014 and have been

Customer Question

i have been renting a home since june 1st 2014 and have been given a verbal written notice over the phone to vacate in 30 days because my husband told her realtor this am that he could come in on sat to take pictures and she did not like that response from him.
the lease on the termination notice states that the lease will renew on a month to month basis if the tenant fails to provide landlord written notice of tenants intent to vacate an terminate this lease at least( blank area)prior to the termination dateor the end of any renewal period of this lease. Since she did not give me anything in writing yet can i send her a text that i am giving her a 90 day notice to vacate?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me what state this is in?

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Are you under any fixed term written lease or are you month to month now?

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thanks

Barrister

Customer: replied 8 months ago.
fl, month to month
Customer: replied 8 months ago.
i told my landlord that i am purchasing a home but need longer than 30 days there are 4 people in my home with 2 dogs
Expert:  Barrister replied 8 months ago.

Ok, in FL if one party wants to terminate a month to month tenancy, then they have to do so with a written paper notice that complies with FL law regarding termination. Under FL Statutes § 83.57, either party can give the other a 15 day written notice to terminate.

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So while you could give the landlord a 90 day notice, he could turn around and give you a 15 day notice and he would be in compliance with the law. If you did not move out within 15 days, he would then have to file a formal eviction action in court and get a judgment and writ that the sheriff would execute to physically force you to move. This takes about 3 weeks extra after the 15 day notice expires.

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But a verbal/text/email notice is not legally effective so until the landlord gives you a written notice at least 15 days long, then the clock hasn't started ticking.

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thanks

Barrister

Customer: replied 8 months ago.
basically we have no rights.
Expert:  Barrister replied 8 months ago.

If you are month to month, then either of you have the right to terminate the tenancy with proper notice. So you can't be forced to stay, and the landlord can't be forced to continue the tenancy. So it goes both ways. If you were under a fixed term written lease, then the landlord couldn't terminate until it ended.

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But until the landlord actually gives you a piece of paper stating you have at least 15 days to move, then he hasn't legally terminated your tenancy.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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