Florida- month to month- If the landlord wants me out how much time or notice is given?
If I don't leave by that time is eviction the next step?
If eviction is started how long does it take on average before the Sheriff shows up?
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Florida- month to month- If the landlord wants me out how much time or notice is given?
If I don't leave by that time is eviction the next step?
If eviction is started how long does it take on average before the Sheriff shows up?
As a month to month tenant, the landlord can change any of the terms of the agreement, including asking you to leave, with 30-days notice. This is assuming that you are not flagrantly violating the lease in some way that would allow him to take action earlier. And yes, if you don't leave, eviction is the next step. Which might get you another 30 days, but is also going to make getting your next apartment much more difficult.
With all due respect to Froggy... I must disagree.
Florida only requires 15 days notice for a month to month renter.
83.03 Termination of tenancy at will; length of notice.--A tenancy at will may be terminated by either party giving notice as follows:
(1) Where the tenancy is from year to year, by giving not less than 3 months' notice prior to the end of any annual period;
(2) Where the tenancy is from quarter to quarter, by giving not less than 45 days' notice prior to the end of any quarter;
(3) Where 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) Where the tenancy is from week to week, by giving not less
Florida, in some ways is very tenant unfriendly. This is one of them. As LILL demonstrated by citing that actual statute, FL only requires 15 days notice. Most states require a full rental period.
If you don't vacate within that time, the next step is for the landlord to go to court for an eviction order. How long that takes depends on your area and the court's caseload. You should have the opportunity to appear at a hearing to show why you need more time to vacate.
And a couple things, they give you a two week notice and if you don't move they file for the eviction, they could easily get you into court and the sheriff carrying your stuff to the side walk within another two week.
But to be honest do you want the eviction in court on your record. If you think it is hard to get a new rental at ths point wait till you have negative court evictions on your record.
You know, I'm really glad I'm not renting in Florida! Although I do find it a bit odd that they require 3 months notice on a year lease, and only 15 days for a month-to-month. One seems longer than normal, and the other shorter.
It's because Florida law heavily favors the landlord, not the tenant.Quote:
Originally Posted by froggy7
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