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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27585
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Forgot to send 60 days notice and the landlord never sent

Customer Question

Forgot to send 60 days notice and the landlord never sent the anything to remind us until 24 days prior to end of lease. What are my options?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Florida
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 7 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  RealEstateAnswer replied 7 months ago.

Good afternoon? What exactly was sent? Does the lease require either party to give notice if they will not be renewing?

Customer: replied 7 months ago.
The contract does state I am required to give them 60 days notice.
Expert:  RealEstateAnswer replied 7 months ago.

And are they required to give you any notice? If you do not give notice, does it automatically renew or you rent month to month? I am just trying to get an idea of the situation at this time, with the landlord

Customer: replied 7 months ago.
We sent the notice as soon as they sent us an email asking to fill out renewal information. The contract does not specify if they will send us any notification.
Customer: replied 7 months ago.
Does FL requires the landlord to do so?
Expert:  RealEstateAnswer replied 7 months ago.

The lease is going to control. By that, I mean if it states and it was agreed upon, that you would give them at least a 60 day notice if you did not want to renew and you failed to do so, you would be in breach. Now, the lease should also outline and state what happens if you do not but if it is silent, then there may not be any remedy or relief for them to seek. From a legal standpoint, if the lease is silent about this, you would just be expected to vacate at the end of the lease terms, sine that is the very reason there is an end date. Now, if they first sent you something, it could be an offer to renew, so I am curious to know what the letter said and what options they gave you

Customer: replied 7 months ago.
Below is the content of the email they sent me on the 24 prior to end of lease."We value you as an Invitation Homes resident and hope that you choose to continue living in your home, so we wanted to share this special offer with you!
Your lease will be expiring on 1/9/2017 and your new rental rate can be $1,895.00 if you renew by INITIAL OFFER.
We want to thank you for your continued residency and look forward to discussing your renewal options.
Contact us immediately to take advantage of this early renewal incentive and remain a part of the Invitation Homes family!!"
Expert:  RealEstateAnswer replied 7 months ago.

Thank you. Based upon what you shared, if you want to renew your lease, you can contact them and let them know you will be doing so and pay the proposed rental rate. If you think it is a lot, you can make a counter offer. I use to rent from invitation homes and I recall the lease requiring a 30 day notice if you do not intend to renew and want to vacate. If you did not give this, you should still contact them now and advise them of the same or accept the rental term. They will want to keep you as a tenant, so if you want to stay ask them for a new lease and they should email it to you to esign and if you want to vacate, tell them now.

Customer: replied 7 months ago.
That is not an option. I purchased a new home using my VA Loan benefit and that is why I have to vacate.
Expert:  RealEstateAnswer replied 7 months ago.

Thank you for sharing that additional information. If that is the case, you can respond to the letter and advise you will not be renewing and will be vacating at the end of the lease. Shift the burden to them, to try and hold you liable for another months rent or any type of penalty for not giving the notice, if stated in the lease. The lease should state what happens if you fail to give notice and simply lease at the end, so review the lease to see. If there is no penalty, then they would have a hard time going after you.

Customer: replied 7 months ago.
there is a penalty of one month rent if I failed to give thema 60 days notice.
Expert:  RealEstateAnswer replied 7 months ago.

If that is the case, they can enforce it, as they are not required to remind you. Now, if they do not, then you do not have to pay but if you tell them you are vacating and they try and assess it, you would have to pay since it was agreed to and stated.

Expert:  RealEstateAnswer replied 7 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  RealEstateAnswer replied 7 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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