[Jane Renter]

The least for my apartment complex in Florida has clauses stating that if written notice of intent to move out is not given 60 days prior to the end of the lease agreement "the lease will renew month-to-month".

I am surprised that they are allowed to renew a lease "month to month" before the end of the current lease, without giving any kind of notice or gaining any additional signature from me.

Is this legal?

The lease does not specify any other penalty for failing to give 60 days notice. What are they allowed to collect because I did not give my notice before the 60 days?

[LisaB4657]

Yes, it is legal. If a written lease expires and a new lease is not signed, by law it automatically becomes a month-to-month tenancy at the same terms and conditions as existed during the written lease, except that the term is monthly instead of a year. That means that you can terminate your tenancy with 60 days written notice to the landlord. Once you give your notice they are entitled to 2 months of rent.

[ScottGem]

I am surprised that they are allowed to renew a lease "month to month" before the end of the current lease, without giving any kind of notice or gaining any additional signature from me.

How many leases have you had that this clause surprises you? Its actually standard. Most state laws hold that when a lease expires, but the tenant does not vacate, then the lease is converted to a periodic lease, the period being the rental period of the original lease (month to month, week to week etc.).

You are lucky that the lease didn't specify it would be renewed for another year. That would also be legal. In fact, any clause in your lease that does not run counter to established laws is legal because you agreed to them when you signed the lease.

So the bottom line is that you have to give 60 days notice before terminating the lease. If you don't, you owe the rent for 60 days from when you give notice.

[Jane Renter]

I read the Florida Landlord tenant law myself, and I do not think that it agrees with you.

First of all, the landlord IS required to at least provide a notice to the tenant about an upcoming obligation to notify them of intent to move out.(citation 1)

(2) A rental agreement with a specific duration may provide that if a tenant fails to give the required notice before vacating the premises at the end of the rental agreement, the tenant may be liable for liquidated damages as specified in the rental agreement if the landlord provides written notice to the tenant specifying the tenant's obligations under the notification provision contained in the lease and the date the rental agreement is terminated. The landlord must provide such written notice to the tenant within 15 days before the start of the notification period contained in the lease. The written notice shall list all fees, penalties, and other charges applicable to the tenant under this subsection.


Second, I do not believe that they would be able to collect 60 days rent, because in that case the lease would have to specify that it renewed for a 60-day time. As it actually says that it renews "month-to-month" and this is without a specific duration (termination at will) it is my understanding that Florida law defines the written notice required to terminate a tenancy without specific term(citation 2):
(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;
Meaning that I could terminate the month to month contract during the first month, thus paying 1 months rent not 60 days. However, this seems to be a moot point because their failure to provide the required notification nullifies their claim to any fee or penalty.

Here are the statues that I am citing:
(1) Title VI Chapter 83: 83.575 Termination of tenancy with specific duration.
(2) 83.57 Termination of tenancy without specific term.

[LisaB4657]

(2) A rental agreement with a specific duration may provide that if a tenant fails to give the required notice before vacating the premises at the end of the rental agreement, the tenant may be liable for liquidated damages as specified in the rental agreement if the landlord provides written notice to the tenant specifying the tenant's obligations under the notification provision contained in the lease and the date the rental agreement is terminated. The landlord must provide such written notice to the tenant within 15 days before the start of the notification period contained in the lease. The written notice shall list all fees, penalties, and other charges applicable to the tenant under this subsection. [/I]

I believe this applies only when the tenant leaves the premises, not when the tenant remains as a month-to-month tenant. Also, it applies to a liquidated damages provision. You haven't said that your lease contains a liquidated damages provision. A notice requirement of 60 days is not considered to be a liquidated damages provision.

Second, I do not believe that they would be able to collect 60 days rent, because in that case the lease would have to specify that it renewed for a 60-day time. As it actually says that it renews "month-to-month" and this is without a specific duration (termination at will) it is my understanding that Florida law defines the written notice required to terminate a tenancy without specific term(citation 2):
(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;
Meaning that I could terminate the month to month contract during the first month, thus paying 1 months rent not 60 days. However, this seems to be a moot point because their failure to provide the required notification nullifies their claim to any fee or penalty.

The important words in that statute are "not less than". Parties to an agreement are free to contract for terms other than the minimum required by law as long as those terms are not illegal or unconscionable. A notice provision of 60 days is considered reasonable by the courts and you did agree to it when you signed the lease.

[ScottGem]

What Lisa is saying goes back to what I said about it being legal because you agreed to it. Because the law says "not less than 15 days", that means it could be more. Since the lease specified a 60 day period and you signed the lease, then the 60 days is legal.

As to the required notice, Lisa answered that issue as well.

As to your contention that a 60 day notice means that its not month to month, I doubt if that would hold in court. Its still month to month, it just means you have to plan ahead more.

But, don't take our word for it. Refuse to pay the landlord and see if they take you to court. If they do, make these arguments in front of a judge and see how he rules.

[Jane Renter]

Well, I am not a lawyer and I seem to be reading this termination statute and seeing a different meaning.

My lease is not yet up, so as you said:

I believe this applies only when the tenant leaves the premises, not when the tenant remains as a month-to-month tenant.

Does it not apply to me, then? My lease is not quite over. I am leaving the premise at the end of the lease. It is not my intention to remain month-to-month - whether they are able to charge for additional months or not.

I did deliver to the office today a letter stating that they have not complied with Florida law by giving me a written a notification within 15 days prior to the beginning of the 60 day notification period, so I am disputing all claims to "fees, penalties or charges". With the full "Termination of a tenancy with specific duration" statute attached.

I appreciate both of your comments - even though they weren't what I was hoping to hear! I'll let you know how it turns out if you are interested.

[LisaB4657]

I don't think it's going to work out the way that you want but I hope for your sake it does. :) If they withhold the rent from your security deposit you can try suing them for it and see if that works. Please let us know what happens.

Good luck!

[ScottGem]

Lisa IS a lawyer and I'm well versed in reading and interpreting the law. But I also think you made the right move. This may intimidate them to just letting you go feeling its not worth pursuing for the 2 months rent. On the other hand, they may have an attorney on retainer that will tell them what Lisa said and that the stutute you cited is not applicable.

Only time will tell here. So good luck and keep us posted.