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I am renting a house from a friend with no written lease and I have always paid my rent on time, never missed a payment. I have to pay rent tomorrow, but she informed me a couple of hours ago that her sister is getting divorced and needs the house to live in with her son by Friday! Can she do this?? With out sufficient notice?? I live in Florida, and am pregnant expecting my first baby September 8th. This is quite stressful on me. What do I do, or can I do?
Not that quick anyway... Most places they only have to give 30 days notice to get out without a written lease allowing you to be there longer... not sure if FL is one of the few that is as little as 2 weeks on... but no... they can't legally only give you a week... it has to be in writing and it has to comply with your states eviction laws.Quote:
Originally Posted by penneydenise
And you are legally on a month to month lease... meaning your lease expires every month... and the landlord can tell you its not being renewed at that time.. but plan on moving... if they want you gone... you are going to have to be gone after they give you proper notice.
EDIT: As Per AK Lawyer below.. Florida is one of the states that require 14 days... they posted before I found it looking it up.
She is required to give you a 14-day written notice. If you have not vacated the premises at the end of that period, she can sue you for eviction.
And, as Smoothy suggests, if you have paid for the month of July, you would have until the 31st (assuming she gives you a 14-day written notice).
I pay her every 2 weeks. So what do you think my time line is to move out?Quote:
Originally Posted by AK lawyer
Start looking tomorrow... you are going to need every day you can get. Its not going to be very long. But AK Lawyer can give you a more precise time window. The every two week rent might change the game even more in their favor.
Yes it would. Count 14 days from the date you receive written notice.Quote:
Originally Posted by smoothy
Between 7 and 15 days:Quote:
Originally Posted by penneydenise
for a month to month tenancy, by giving not less than 15 days' notice prior to the end of any monthly period; and for a tenancy that is from week to week, the landlord must give not less than 7 days' notice prior to the end of any weekly period.
http://accessevictions.com/landlord-...ction-process/
Since you fall within a non mentioned period. I would say that she has to give you written notice of at least 7 days before the end of your rental period. If rent is due tomorrow, I would say you have until Jul 22 to vacate, assuming she gives you notice in writing prior to Jul 16.
Sorry but that's FL law. FL is very landlord friendly.
Print out that link and give it to her along with your rent payment tomorrow.
Good luck and keep us posted.
Quote:
Originally Posted by ScottGem
"83.46 Rent; duration of tenancies.—
(1) Unless otherwise agreed, rent is payable without demand or notice; periodic rent is payable at the beginning of each rent payment period; and rent is uniformly apportionable from day to day.
(2) 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.
..."
I suppose the court might consider rent payable bi-weekly, since the statute doesn't say, to require notice as though it were monthly rent.
"83.57 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."
If so, LL would have to give the written 15-day notice on or before July 16th.
I'm going to disagree. I think the intent of the law is pretty clear. I think a court, if it comes down to it, would rule that since the rental period is less than monthly the lower notice period would apply.Quote:
Originally Posted by AK lawyer
So its my opinion that the landlord could give 7 days notice prior to 7/16 to be effective 7/22.
In any case she definitely would not have to be out by Friday.
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