I have a tenant that is in a house that has an agreement for month to month tenancy. I gave him 60 days notice to vacate at the end of the year which is December 31, 2006.

The tenant claims the agreement is month to month but he has the right to stay until he is ready to gice us six months notice. He is now claiming this is a "perpetual lease" and we have no rights.

The fact the lease is month to month in Florida dictates 15 days notice and move. My research also finds the six months notice he has me include is unacceptable since 60 days notice is the max.

Any thoughts on how he thinks this is a perpetual lease and how he has all the rights in this situation?

I'm perplexed... This guy just graduated from law school.

Thanks,

He's bluffing or he is getting bum info from the web. If you want him out on the 31st, get a local attorney to write him a letter that you expect him to vacate by the 31st or he will be liable for any fees and costs involved with having him removed.

Like Cville said, either he's bluffing or getting bad advice. If you have an attorney who will write the letter for a small fee, then do that. Or you can send him a letter yourself citing the applicable law.

If you want to make him twist a bit I would inform him that, since Florida law (include the code section and quote it) allows a 15 day notice, if he does not agree, in writing, to vacate by 12/31, you will work within the letter of the law and start eviction proceedings in 15 days.