[wytp21]

I just received a phone call late Oct 31st from my landlord stating that they need to break my lease because her husband is not working as much so they need to move back into the place that I am renting and they need me out by December because they need to leave and have all there stuff out by Jan 1st. My lease doesn't expire until April 2009 so what am I Legally entitled to as I now have to relocate, come up with 1st, security etc and moving costs. This is all very sudden and overwhelming ...**Also I have not received anything in writing and how long would they have to return my security deposit to me. I am located in the state of Florida. Thank you for your help.

[rockinmommy]

Well, do you have a written lease? And if so, does it state anywhere in it that the landlord can break it if THEY are going to occupy the unit?

Also, check your state's landlord / tenant property code. There's a "sticky" at the top of this forum with a link to each state's laws. I believe there are some states that actually do allow for this, but I can't tell you which ones, and I'm sure the landlord's have to follow a specific procedure. I'll try to peruse it real quick for you, too.

That's where you need to start. If it's not part of your state law and/or lease then the landlord is just out of luck unless they want to buy you out or something that's agreeable to you. If your state DOES allow for it, then you'd be out of luck - assuming they follow the proper procedure.

Let me check, and then I'll post back.

[rockinmommy]

Well, I looked over FL LL / tenant law and I can't find anything. But, I'm not an expert in Florida law.

Ultimately it will just depend on your lease and FL law as to whether the LL can do this. And then, like I said, if it's legal, they'll still have to follow proper proceedures (you're on the right track that they'd have to give you written notice, etc.)

You might try calling some "tenant's rights" groups or something on Monday and see what they say. You can certainly always just go back to the landlord and tell them that your lease doesn't say they can do this, so as far as your concerned the lease will continue through April, as previously agreed, OR (if you're willing) they will have to make it worth your while to move early. Make them come up with the law if it exists to allow them to do this.

One thing to consider - in the way of them buying you out or something... if they're dead set on this they may make your life miserable throughout the rest of your lease. They shouldn't be able to do that, but you may have a hard time stopping them. How have they been to deal with up until now? That's why you may want to consider making a deal with them.