Legal Question in Real Estate Law in Florida

Can a landrod break a lease for no reason and only give you a 7 day notice to leave?


Asked on 6/28/12, 2:12 pm

1 Answer from Attorneys

Dawn Marie Bates-Buchanan Bates-Buchanan & Savitsky Law Group, P.A.

In Florida that would depend on if you have a lease, and how you pay your rent. If you have no lease, you pay your rent on an at will basis. The term of your "lease" is based on how you pay your rent. Under Florida Statute 83.46, If the rental agreement contains no provision as to duration of the tenancy, the duration is determined by the periods for which the rent is payable. If the rent is payable weekly, then the tenancy is from week to week; if payable monthly, tenancy is from month to month; if payable quarterly, tenancy is from quarter to quarter; if payable yearly, tenancy is from year to year. What this means is that further under 83.57, the Law states that for the 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.

So if you are paying rent, week to week, seven days is enough. If you are paying rent month to month, then seven days is not enough time.

If you have a lease and have violated any rules, such as paying late, failure to keep the place maintained, etc. then the landlord has to give you seven days to cure.

I would go to talk to an attorney if you need further help.

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Answered on 6/28/12, 3:22 pm


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