Ask Experts Questions for FREE Help !
Ask
    BambooBeachPatti's Avatar
    BambooBeachPatti Posts: 1, Reputation: 1
    New Member
     
    #1

    Aug 20, 2007, 12:30 AM
    Legally Breaking Lease?
    I signed a 1 year lease due to a harassing neighbor below me I just can not stand it anymore, I have got to get out of here! I have six months left on my lease, but I came across the following 2007 laws. I paid first, last and security
    Does this mean I give 3 months notice now and take pics of all rooms as we left them. I call her and explain, I give her notice verbally and via registered mail in writing. Pay next months rent and can use the security deposit and the prepaid last month rent to cover the remaining two months. I enclose a copy of the 2007 Florida Laws, does this cover me or could she still sue?

    Thanks, Patti

    FLORIDA: Title VI, Ch. 83, Landlord and Tenant

    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 than 7 days' notice prior to the end of any weekly period
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Aug 20, 2007, 05:50 AM
    The law you cited only means that you must notify the landlord at least three months prior to expiration of the lease that you will not be renewing. While most states do allow the landlord to withhold security deposits for unpaid rent, that's the landlord's decision not the tenant's. The tennat cannot say, you have my security so take my last month's rent out of it.

    Lets start from the beginning here. What is the neighbor doing that is driving you up the wall? Have you complained to the landlord? Have they done anything?

    P.S. Please do not ask questions via PM or e-mail. Most of us will only respond to public forum posts (like this one).
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Aug 20, 2007, 06:02 AM
    Yes, if you have 3 months left on your lease, you can give a 3 month notice. If you have 6 months left, you can not just give a 3 month notice.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Stipulations in a lease vs. Law when breaking a lease [ 8 Answers ]

I'm breaking a lease with my landlord 6 months in (I'm moving out of the country). I've found someone to take over the lease immediately upon my departure. I informed my landlord 5 weeks prior to the point where I'd be breaking the lease. The landlord has (three weeks later) informed me that they...

Information about breach of lease agreement and about breaking a lease... [ 3 Answers ]

Hello, I have been residing in the state of Georgia for almost a year. I moved from New York, I had never rented in New York so this is all new to me. Here's the issue, Me and my husband signed a lease on July to this apartment complex, at the time we thought it would be a lovely place to raise a...

Legally bound even after lease is up?! [ 4 Answers ]

Ok, here's the situation. My roommate and I signed a 10 month lease, and the lease is up on the 31st of this month. I am moving out because I've found a new job in another city. My roommate still wants to live in the apartment, so we started looking for people to fill the room. I've done all I...

Is my lease still legally binding? [ 2 Answers ]

As of June 1 2006, my 1 year lease was up and I was to continue my rental agreement with a month to month lease following he fullfilment of this one year lease. As of July 1 2006 the rental property was taken over by a new property owner. I never signed any lease agreement with this new owner...

How can I legally get out of a 6 month lease? [ 9 Answers ]

Dear folks, I moved out of my old house that I was currently residing in with my boyfriend of 5 yrs. We got back together a short while later (3month) and found a great little one bedroom. Anyhow, I have been living here for 2 months and already I can't stand it, I'm being emotionally abused. I...


View more questions Search