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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 30168
Experience:  Attorney
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I would like to know if the person will have to leave my

Customer Question

I would like to know if the person will have to leave my house he is renting a room from me for 400 hundred dollars a month. I would like to have the room back in my house for my youngest boy. the man pays his rent on the 21st every month for the month behind. i served him this notice on may 4th this month. Can he beat me in a florida court and remain in my home. EVCTION NOTICE NOTICE OF TERMINATION BY LANDLORD NOTICE TO: *********************** TENANT in possession ADDRESS OF PREMISES: Room located in ***********************   TAKE NOTICE THAT 1. Pursuant to our verbal month to month Lease ( your "Lease") from Aug,21st 2014. You are a tenant for the premises described as: Bedroom located in *********************** (THE PREMISES) of which you now hold possession. 2. Your Lease creates a monthly tenancy. 3. Your Lease or the applicable laws of State of Florida requires that you be given at least 15 days advanced notice prior to the termination of your Lease or tenancy. This Notice of Termination serves as notification of the Landlords intention to terminate your Lease. 4. Pursuant to your Lease and the said laws, you are hereby given notice that the Landlord is exercising its right to terminate your Lease on the 21st day of May 2017 and you are required to vacate the Premises on or before 12 noon on this date. 5. All terms and obligations in the Lease including but not limited to. The obligation to pay rent remain in effect until the latter of the and when you have returned possession of the Premises to the Landlord or its agent. 6. If the Tenant *********************** returns possession of the Premises to the Landlord and removes all his possessions or signs over rights to his possessions he leaves at the location to the Landlord. Rent in the amount of 400.00 will not need to be paid for the time period April 22nd 2017 to May 21st 2017. If *********************** the Tenant will not vacate return possession of the Premises to the Landlord and remove all his possessions by May 21st 2017. Then all terms and obligations in item 5 will apply. Issued on _________day of_____________ 2017 ---- _________________________________ *********************** Landlords Name *********************** contact address PH *********************** JA: Because real estate law varies from place to place, can you tell me what state this is in? Customer: florida JA: Has anything been filed or reported? Customer: he has only been givin the notice of termination by landlord JA: Anything else you want the lawyer to know before I connect you? Customer: just that my reason is because i want the room back

Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 4 months ago.


I'm Lucy, and I'd be happy to answer your questions today.

There is no defense to a notice to terminate a month to month tenancy. The only way he can beat you and stay is if you accept rent for a time period after he was supposed to be out. If he tries to keep paying, you can refuse rent and go to court to evict him. A month to month lease only entitles him to 15 days notice. There isn't any law that would let him stay once you've given notice.

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Expert:  Lucy, Esq. replied 4 months ago.

Do you have any questions about this?