Altamonte Springs, FL asked in Contracts for Florida

Q: lease states it will continue for 1 yr after the initial term unless I (me) or we ( meaning the management company or

owners) give 60 days notice before the end of the initial term . lease goes on to say during the continuation term either party can terminate at the end of a calendar month by giving at least 30 days written notice. the management company that executed this lease had a contract that the owners stated expired in June & they did not resign that company and now have another management company ( which i have not signed anything with) I am still in the lease executed by the old company which expires in August. Would I be required to give 60 days notice or 30? I am past 60 days so if 60 is what would have been required, if I stay based on the lease saying it cotinues for 1 yr when would I need to give the 30 days notice? I don't want them to try and keep my deposit by saying I did not give enough notice or can the new company do that since they are not the ones that executed the lease but they have my deposit because the old company sent it to them.

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2 Lawyer Answers
Linda Liang
Linda Liang
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: Based on the reading of the lease, "lease goes on to say during the continuation term either party can terminate at the end of a calendar month by giving at least 30 days ". If you are on the second term, 30 day notice should suffice. If you are during the first term, 60 days.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Since you already missed the first 60 day notice period (to move at the end of the initial lease), if you stay on and take advantage of the second automatic lease you will only need to give the landlord 30 days notice. But since you seem to be so focused on getting your deposit back I suggest that you file a notice at least 61 days prior to the date you want to leave. That way you cannot be too late--no matter what happens. Forget all the jazz about having a new landlord and you having not signed anything with the new landlord, etc.; none of that matters one whit.

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