[db590]

My landlord said that she was renewing my lease, but did not mention any changes being made to the terms. Landlord made changes to the Lease, but did not send me a new lease until 3 weeks before the expiration of the current lease. The new lease has significant changes that I do not agree to. What rights do I have to either move or have a lease renewal that is the SAME as my current lease since LL didn't give proper time to review changes made to the lease?

[excon]

Hello d:

Write her a certified letter informing her that she needs to notify you of changes with 30 days written notice, and she didn't do that. Therefore, the changes she's making WON'T take effect until such notice is delivered... Tell her further that your state law says that WITHOUT notice, the terms of the original lease prevail. I would add further that you DON'T agree with the proposed changes and your letter should be considered your 30 notice to vacate. If you send it NOW, it will cover the rental period through March.

excon

[db590]

Thank you. I was not aware of the provision that w/o proper notice the current terms prevail. I did send her a notice immediately that I didn't agree, and she still has not responded. There are 13 days remaining in my Lease. I ALSO gave advance rent for last month, so does that mean that I really have even MORE time? Thanks so much!

[excon]

Hello again, d:

Because the notice she sent you WASN'T legal notice, it might as well have been toilet paper. You've got 13 days on your lease, and at least 30 more days on your month to month agreement. If you don't receive proper notice WITHIN the next 13 days, you've got even ANOTHER 30 days on top of that.

I don't know WHAT state you're in, but I guessed about the terms of your lease being extended into a month to month agreement. That's because 98% of the states do it that way. Please don't tell me you're in Florida or Louisiana.

excon

[db590]

Yes, I am actually in FL. What does that mean for me?

[excon]

Yes, I am actually in FL. What does that mean for me?

Hello again, d:

I'll go look... Hold on.

excon

[excon]

Hello again, d:

Below are the two sections of law that pertain... If you notice, they DON'T address your particular situation specifically... That's why I HATE Florida. Without the state to guide you, you're left with your lease...

Given the uncertainty, I'd DO what I suggested you do...
---------------------------------------------

83.575 Termination of tenancy with specific duration.

(1) A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord before vacating the premises at the end of the rental agreement; however, a rental agreement may not require more than 60 days' notice before vacating the premises.

(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.

(3) If the tenant remains on the premises with the permission of the landlord after the rental agreement has terminated and fails to give notice required under s. 83.57(3), the tenant is liable to the landlord for an additional 1 month's rent.
--------------------------

83.58 Remedies; tenant holding over.

If the tenant holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreement without the permission of the landlord, the landlord may recover possession of the dwelling unit in the manner provided for in s. 83.59. The landlord may also recover double the amount of rent due on the dwelling unit, or any part thereof, for the period during which the tenant refuses to surrender possession.

excon

[db590]

Thanks so much for your help. I appreciate it. Wish me luck!

[AK lawyer]

... What rights do I have to either move or have a lease renewal that is the SAME as my current lease since LL didn't give proper time to review changes made to the lease?

Unless there are provisions in the old lease requiring a specific notice period for the terms of a renewal, I don't believe she has to give you any advance notice of terms.

You can give the LL a 30 day notice and move at the expiration of that time. Alternatively, you can write a lease the way you want it (scan it using optical character recognition, if your printer has that capability, and type in the changes you want), sign it, and give it to your LL on a "take it or leave it" basis. In other words, agreeing to a lease is like agreeing to any other contract: it is a two-way street. It is subject to negotiation.

I have looked over the Florida statutes excon posted. It appears to me that you are holding over "with permission", so 83.58 doesn't apply until one of you gives a 30-day notice. Note, although I live in Florida I am not licensed to practice here, so whatever I say can be taken with a grain of salt.

[db590]

Thank you for that additional info. I was concerned about the holdover clause in the laws with this situation. The trick is that: she had already agreed to renew the lease under the same terms, then she sent the actual renewal WITH CHANGES, so I'm trying to figure out my position and what rights I have.