Q: Month to month lease. Arugment with my landlord last night and today they gave us termination of lease paper. Legal?
We fulfilled our year lease and switched over to month to month a few months ago. Asked the landlord to fix a few things in the house and got into an argument with them. Today they came to look at all we wanted fixed and handed us a paper stating they are terminating our month to month lease and we have until the end of the month (27 days) to get out or they will get the court involved. Is this legal?
A:
In a month to month tenancy, if rent is paid monthly, either party may terminate the tenancy for no reason at all with a proper 15 day written notice. The 15 day written notice of termination must have been provided to you (15 days) prior to the date when your next rental payment is due. Please refer to Section 83.57 of the Florida Statutes which states as follows:
"A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:
(1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period;
(2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period;
(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; and
(4) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period."
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