Q: Month to month lease end in Florida
I pay my rent every month on 15th. My month to month agreement asks that termination notice be given 30 days prior.
On 4/20 I gave my notification to my landlord that I will move out on 5/27.
My landlord requires me to pay until 6/14 since I did not give notice 30 days prior to 5/15.
Is this permissible in Florida? I thought I could pay only until 5/27 since I did give more than 30 days notice?
A: Probably. Without reviewing your Lease Agreement, I can't give you an exact answer, but Florida Statute requires notice to terminate a month to month tenancy by giving 15 days notice prior to the END OF ANY MONTHLY PERIOD. In your case, it appears your landlord expects 30 days notice prior to the end of your monthly period, which ends on the 15th. Again, the Lease Agreement would need to be reviewed. You are wanting to vacate half way through your monthly period and there is normally not a pro-ration for that. Best of luck!
A: Typically your rental period runs from the payment date to the next payment date. It sounds like you have a written lease. If there is a written lease it will be the governing document. I am not sure, without being able to read the lease whether your theory is correct or the landlord. I suggest that you consult with a landlord tenant attorney in your area and have him or her read the lease and then give you advice of how to deal with the situation.
Richard Paul Zaretsky agrees with this answer
A: Your landlord sounds to be correct. If your rent is due on the 15th then you had to give notice on 4/15 that you were moving out on the 14th of May. The date the rent is due is the key - not the date you are moving out as there is no provision for proration of rent on move-out (although there usually is on move-in.
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