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RobertJDFL
RobertJDFL, Attorney
Category: Landlord-Tenant
Satisfied Customers: 13880
Experience:  Experienced in multiple areas of the law.
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What about month to month without lease, Florida, No... I

Customer Question

What about month to month without lease
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: No... I just received form from the landlord increasing my rent by $100 because of increase in taxes.It also informed that if I did not want to sign a lease I had 30 days to move and that the deposit we paid would have to be i
JA: When we are ready I'll take you to the appropriate web page.
Customer: be equal to the monthly rent increase. We were notified of the increase on the first of the month when he picked up the monthly rent. We responded back in writing that we would be signing a lease and would be moving out no later than the 15th of the month.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, do we have to pay rent for the entire month or can we request to have it prorated... we will actually be moved out on the 13th...
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  RobertJDFL replied 2 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 2 months ago.

Florida law does not actually specify how much time a landlord must give to increase a tenants rent. I would propose that 30 days is a reasonable time, especially on a month to month lease.

Unfortunately, the landlord does not have to prorate your rent (though you can certainly ask). If your agreement was for one month periods only, and if pursuant to F.S. 83.57, were given at least 15 days notice prior to the end of any monthly period, then as a tenant you must pay for a full month, regardless of when you move out.

Customer: replied 2 months ago.
Thank you... and that being the case and we have to pay for the entire month can we take the entire month to pack and move, as long as we're out by the end of the month... is that correct?
Expert:  RobertJDFL replied 2 months ago.
That's correct. If you pay for an entire month, you can take your time moving out, cleaning up, and doing what you need to do. You don't have to leave until that month is up.
Expert:  RobertJDFL replied 2 months ago.
If I have fully answered your questions, please remember to leave a positive rating for me by clicking on the stars, so that I am credited by the site for my time and assistance today. If you need additional information or clarification about anything, please reply back, I'm happy to assist you further. Thank you.
Expert:  RobertJDFL replied 2 months ago.

Please let me know if I can clarify any information or provide you with more information. If I have fully answered your question, I would ask that you kindly remember to leave a positive rating for me by clicking on the stars at the top of the page so I am credited for my time and assistance. Thank you.