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    iunchboxhero's Avatar
    iunchboxhero Posts: 4, Reputation: 1
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    #1

    Aug 4, 2010, 08:11 PM
    Florida Tenant Law
    I have been renting at this community for the a little over 2 years. First year I had a year to year lease. Once that expired I signed a 7 month lease, which has now been expired for 5 months now.

    Since the lease expiration, the community has been charging me a premium month to month fee.

    Now, I decided to move and I gave my notice. According to Florida statute 83.03 I gave them a 15 day notice. This was done on July 28th, with a move out date of August 12th.

    On Monday, when I went to the office they were confused as to what my pro-rated rate should be (12 days or 15 days) and told me that they were not even sure the manager would approve such a situation.

    They told me that usually you have to give them a one month notice. Then they told me that since it's a month to month basis that the 15 days start at the end of the month... therefore I should pay 15 days worth of rent.

    I gave them a check with a pro-rated rate of 15 days "just in case".

    At today, the manager has not called me regarding this, and I'm afraid he might try to pull a fast one on me.

    Any advice would be highly appreciated :)
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Aug 4, 2010, 10:53 PM
    Quote Originally Posted by iunchboxhero View Post
    ...
    According to Florida statute 83.03 I gave them a 15 day notice. This was done on July 28th, with a move out date of August 12th.
    ...
    It is a residential tenancy, right? So what makes you think that 83.03 applies?

    PART I

    NONRESIDENTIAL TENANCIES
    83.001 Application.--This part applies to nonresidential tenancies and all tenancies not governed by part II of this chapter.
    PART II

    RESIDENTIAL TENANCIES
    83.41 Application.--This part applies to the rental of a dwelling unit.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Aug 5, 2010, 04:50 AM

    Hello I:

    You are required to give 30 notice. If you gave it on the 28th, it would have taken effect on the first, assuming that your rent is paid on the first, and you owe a full months rent.

    excon
    iunchboxhero's Avatar
    iunchboxhero Posts: 4, Reputation: 1
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    #4

    Aug 5, 2010, 08:57 AM
    Isin't this it?
    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.
    iunchboxhero's Avatar
    iunchboxhero Posts: 4, Reputation: 1
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    #5

    Aug 5, 2010, 09:00 AM

    Oh man, did I write the wrong thing on my termination letter? Should I write a new one?
    iunchboxhero's Avatar
    iunchboxhero Posts: 4, Reputation: 1
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    #6

    Aug 5, 2010, 02:02 PM
    Quote Originally Posted by excon View Post
    Hello i:

    You are required to give 30 notice. If you gave it on the 28th, it would have taken effect on the first, assuming that your rent is paid on the first, and you owe a full months rent.

    excon
    So, how do I go about fixing my mistake?

    Do I write a new letter?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Aug 5, 2010, 02:18 PM
    Quote Originally Posted by iunchboxhero View Post
    So, how do I go about fixing my mistake?

    Do I write a new letter?
    Hello again, lunch:

    That, and pay the months rent. I'm sure that's all they're interested in.

    excon

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