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-   -   Landlord breaks two year lease and tells us to leave. (https://www.askmehelpdesk.com/showthread.php?t=375624)

  • Jul 14, 2009, 02:45 PM
    neurian
    Landlord breaks two year lease and tells us to leave.
    I just signed a two-year lease with my landlord. One month in he is telling us we have to leave. We live in Florida. He just had an attorney send us a get out in 15 day notice. Why should we leave if we have a two year lease and have always made payments on time? What to do?
  • Jul 14, 2009, 02:52 PM
    N0help4u

    If he is going to break the lease and make you move he has to follow the legal eviction procedure for your state. I guess he may be in his rights if the attorney is not telling him otherwise, but it is good that you are checking into the legalities of what he is doing.

    Is he saying he will give you your deposit back?
    You say you are one month in and then say you have ALWAYS paid on time. I doubt payments are the reason he would be using to evict you in that case. You don't really have a payment history with him yet since it is only one month though.
    So it might help if you let us know what are his excuses for saying you have to leave?
  • Jul 14, 2009, 03:13 PM
    ScottGem

    First, since you have a 2 year lease, your lease period may be considered annual. This means you have to be given 90 days notice of termination. Prior to the end of the annual period. Unless he is evicting for non-compliance with the lease and there are ways around that.

    But the reason for termination may be a key issue here.

    The bottomline though, is you have a lease (I assume its in writing and singed by both you and the landlord). He cannot cancel that lease without cause.
  • Jul 14, 2009, 03:15 PM
    N0help4u

    I am thinking that maybe the reason would help like if he is being foreclosed on and maybe not telling them or something??
  • Jul 16, 2009, 04:00 PM
    neurian
    Quote:

    Originally Posted by N0help4u View Post
    If he is going to break the lease and make you move he has to follow the legal eviction procedure for your state. I guess he may be in his rights if the attorney is not telling him otherwise, but it is good that you are checking into the legalities of what he is doing.

    Is he saying he will give you your deposit back?
    You say you are one month in and then say you have ALWAYS paid on time. I doubt payments are the reason he would be using to evict you in that case. You don't really have a payment history with him yet since it is only one month though.
    So it might help if you let us know what are his excuses for saying you have to leave?

    He is wanting to move back into the house. We have been here for 1 1/2 years prior to the cuurent 24 month lease. The first twelve months were covered by a lease and the past six months were not until June 1, 2009. I really appreciate all the answers I have been given so far. I takes good people to take their time answering someone else problems!
  • Jul 16, 2009, 04:16 PM
    ScottGem

    I can find nothing that allows a landlord to terminate a lease early because he wants to take possession. Generally that is grounds to not renew a lease, but not early termination.

    Howeever you really don't want to live where the landlord doesn't want you there. It can become very uncomfortable. So you tell the landlord that you are willing to move out, but need some time to find a new place. But alkso that you expect to be remunerated for the inconvenience. Generally a settlement equal to 2 months rent is normal.

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