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I am presently renting a room from my cousin on a monthly…

Customer Question
I am presently renting...

I am presently renting a room from my cousin on a monthly basis.She wants me to move out and demands I have all of my belongings and my physical self out by 9/30/17.Is it legal for her to push me out with such short notice?What rights do I have if any?

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

Florida

Lawyer's Assistant: Has any paperwork been filed?

She left a notice of termination of month to month tenancy on the floor by my room.

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

I don't think so

Submitted: 9 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
9/18/2017
Real Estate Lawyer: ScottyMacESQ, Lawyer replied 9 months ago
ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 18,161
Experience: Licensed General Practice Attorney, Texas
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. No. She has to give you 15 days written notice. It has to be written, and has to be at least 15 days notice prior to the end of the monthly period. If it's not, it's not going to be binding. Here's the law:

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.

That means that she has to give you 15 days notice prior to the end of the month. If it's less than 15 days, she has to wait until the next month. You can present this law to her, and say that if she tries to evict you prior to that you'll file for wrongful eviction against her.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Real Estate Lawyer: ScottyMacESQ, Lawyer replied 9 months ago

Did you have any other questions before you rate this answer?

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Real Estate Lawyer: ScottyMacESQ, Lawyer replied 9 months ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

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Real Estate Lawyer: ScottyMacESQ, Lawyer replied 9 months ago

Should I continue to await your response, or may I assist the other customers that are waiting?

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Real Estate Lawyer: ScottyMacESQ, Lawyer replied 9 months ago

Hello?

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Real Estate Lawyer: ScottyMacESQ, Lawyer replied 9 months ago

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Real Estate Lawyer: ScottyMacESQ, Lawyer replied 9 months ago

Can you see on your screen where you need to rate it? Note that you may need to press a "submit" button after clicking on the appropriate star rating. This is what I'm waiting on from you. Thanks!

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Real Estate Lawyer: ScottyMacESQ, Lawyer replied 9 months ago

Hello?

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Real Estate Lawyer: ScottyMacESQ, Lawyer replied 9 months ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: ScottyMacESQ, Lawyer replied 9 months ago

Did you have any other questions before you rate this answer?

Ask Your Own Real Estate Law Question
Real Estate Lawyer: ScottyMacESQ, Lawyer replied 9 months ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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