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I was in a contract for a year with my spouse which was for…

I was in a...

I was in a contract for a year with my spouse which was for the purpose for the housing (rents a room) of my spouse (same sex marriage) however I live separate from him. WE ARE NOT SEPARATED. I live with my mother. The landlord to his place just graduated from law school so he basically guided us into an agreement. We had an agreement which expired on 12/8/2017. The lease said ".....shall be a tenancy at will..." but the said that he is treating our departure request as a hold over and we are required to agree on a departure time. Basically he said that we have to give him 30 days but we agreed to 60 days but I thought the law said something different. I am confused. Is this even worth pursuing?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No

Lawyer's Assistant: Family law varies by state. What state are you in?

FL

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Answered in 19 minutes by:
3/15/2018
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,599
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

I am a little confused by your comments...

.

Are you ending the tenancy now?

.

Does the written lease state you have to give a certain amount of notice prior to terminating the tenancy?

.

What is the relevance of whether you live there or with your mother?

.

.

thanks

Barrister

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Customer reply replied 4 months ago
I am ending the tenancy now. The written lease does NOT give a certain amount of notice prior to terminating the tenancy however the landlord stated because it is a holder over after term according to FL law I am required to give 30 days....There may not be any legal relevance but I just wanted you to know why I have two residences.

Ok I wasn't sure why you mentioned that... it doesn't have any effect on the situation one way or the other..

.

But if you were "tenants at will" all along, that means that if you pay rent monthly, you are a month to month tenant by default. And under FL law, either party only has to give 15 days notice to terminate the tenancy. See FL Statutes 83.57.

.

So not really sure what the landlord is talking about with 30 days or 60 days or whatever if there is nothing about that in the written lease..

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

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Customer reply replied 4 months ago
Well he mentioned that we were holdovers and that by Florida statute we were required to give 30 day notice...Thanks for your assistance.

Nope, being a holdover has nothing to do with how much notice you have to give... it does allow the landlord to charge double rent though... See FL Statutes 83.58

.

But you aren't holdover tenants because you never had a fixed term lease that you are holding over after since you were "at will" from the very beginning as stated in your lease... I hope the landlord here doesn't actually get into practicing law..

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,599
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thanks again...Unfortunately he is hot headed and heading that way...I did not do my homework first so I agreed to 60 days which is 2 months rent and I am out of his face for good.Thank God. I appreciate your counsel. Thanks.
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