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I currently have a month to month lease and my landlord just…

Customer Question
I currently have a...

I currently have a month to month lease and my landlord just notified me that she is selling the property and I have 30 days to vacate. After the hurricane there are no rentals/housing available because of the disaster. I basically have no where to go. I have always been early on my rent and have paid through January 1st. I have been asked to leave by Jan 15th. Is there any way I can buy more time by placing my rent in an escrow account? I just need a couple months. We are coming into season and like I mentioned before there is absolutely no housing (20% of the conch republic was left homeless because of hurricane Irma) any help with this matter would be greatly appreciated. I’d also like to note that I have spent thousands of dollars improving her apartment and have not received any compensation.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Florida

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

I am month to month and have been here almost 2 years. there is no written lease

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at this time. thank you

Submitted: 4 months ago.Category: Landlord-Tenant
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Answered in 1 minute by:
12/8/2017
Lawyer: legalgems, attorney replied 4 months ago
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
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Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

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Lawyer: legalgems, attorney replied 4 months ago

I am sorry to hear this;

unfortunately the statute provides that only a 15 day notice need be given for a month to month lease; please see:

83.57 Termination of tenancy without specific term.—A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:

(1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period;

(2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period;

(3) When the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period; and

(4) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.

Here is the statute regarding depositing funds into the registry during the pendency of a proceeding:

83.232 Rent paid into registry of court.—

(1) In an action by the landlord which includes a claim for possession of real property, the tenant shall pay into the court registry the amount alleged in the complaint as unpaid, or if such amount is contested, such amount as is determined by the court, and any rent accruing during the pendency of the action, when due, unless the tenant has interposed the defense of payment or satisfaction of the rent in the amount the complaint alleges as unpaid. Unless the tenant disputes the amount of accrued rent, the tenant must pay the amount alleged in the complaint into the court registry on or before the date on which his or her answer to the claim for possession is due. If the tenant contests the amount of accrued rent, the tenant must pay the amount determined by the court into the court registry on the day that the court makes its determination. The court may, however, extend these time periods to allow for later payment, upon good cause shown. Even though the defense of payment or satisfaction has been asserted, the court, in its discretion, may order the tenant to pay into the court registry the rent that accrues during the pendency of the action, the time of accrual being as set forth in the lease. If the landlord is in actual danger of loss of the premises or other hardship resulting from the loss of rental income from the premises, the landlord may apply to the court for disbursement of all or part of the funds so held in the court registry.

(2) If the tenant contests the amount of money to be placed into the court registry, any hearing regarding such dispute shall be limited to only the factual or legal issues concerning:

(a) Whether the tenant has been properly credited by the landlord with any and all rental payments made; and

(b) What properly constitutes rent under the provisions of the lease.

(3) The court, on its own motion, shall notify the tenant of the requirement that rent be paid into the court registry by order, which shall be issued immediately upon filing of the tenant’s initial pleading, motion, or other paper.

(4) The filing of a counterclaim for money damages does not relieve the tenant from depositing rent due into the registry of the court.

(5) Failure of the tenant to pay the rent into the court registry pursuant to court order shall be deemed an absolute waiver of the tenant’s defenses. In such case, the landlord is entitled to an immediate default for possession without further notice or hearing thereon.

Unfortunately I cannot find any legal authority for a hardship stay in the state of FL.

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Lawyer: legalgems, attorney replied 4 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
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Customer reply replied 4 months ago
I have another question. I am paid up until January 1st as far as rent goes. She says she needs me out by Jan 15th. How long do I have until I am mandated by the court to leave? I ask this because there is no where to live. Most of the homes here have been destroyed from the hurricane and or mold infestations; people are living in their cars and out of their tents right now. It is a horrific scene down here and with no housing I will be forced out onto the street. Will I be able to get until the end of January to make enough money to leave? I was hoping to stay until April so I can afford to live somewhere else here but unfortunately this sale has forced me to move completely out of the state. What are my options?
Lawyer: legalgems, attorney replied 4 months ago

The standard eviction takes approximately 2 weeks before the sheriff will serve a writ of possession. That normally takes the sheriff at least 2 days to serve after their office receives it, and provides the tenant 24 hours to remove their belongings and vacate. At that point the landlord may change the locks.

So

notice of eviction: 3 days

preparation of eviction papers and service of summons-generally a few days

tenant's chance to respond - 5 weekdays excluding holidays.

then usually a few days to get a judgment.

If contested, a hearing is required and it will take longer but this usually requires the deposit of rent into the court registery to exercise this option.

Further questions please post here otherwise a positive rating is appreciated so the site credits me for my time. Enjoy the rest of your weekend.

Ask Your Own Landlord-Tenant Question
Lawyer: legalgems, attorney replied 4 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

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