Legal Question in Landlord & Tenant Law in Florida

I am on a month to month lease with my landlord. I have never had a problem paying her on time every month for a year. I have already paid her for all of May on the first. Yesterday she posted a notice of non-renewel and says I have seven days to vacate the property. I have paid for all of May, can she make me leave in seven days even though thats only the 26th of the month and only give me 7days? She is stating that I broke the agreement due to the fact she is saying that my brother is living there when the lease says only one occupant, but he has stayed for 8days while he found his own place and is now out. I dont have a problem leaving but its near impossible in 7 days plus she already cashed my check for all of May. Please help.

Asked on 5/20/13, 10:37 am

1 Answer from Attorneys

David Labovitz Labovitz Law Firm, P.A.

Hello. She cannot kick you out in seven days. Once her seven-day-notice expires, she would have to file an eviction action against you in the local county court. At that point, you could provide your defenses to the judge. Either way, you don't have to leave in seven days.

The law requires at least 15 day notice be provided, as follows:

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:

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

Thus, if you have a monthly arrangement, she would have to give you 15 days' notice prior to the end of the month. Her notice is invalid. In the event she files an eviction action, you can raise her invalid notice as a defense.

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Answered on 5/22/13, 5:15 am

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