Englewood, FL asked in Landlord - Tenant for Florida

Q: Were on a month to month rental agreement and we were just told by the property manager that we have to be out by may 30

2020. My husband was in jail and I talked to the property manager and explained to him that he will pay when he gets out of jail and he's just been home a week and he can't pay the rent right now because of losing his job and his bank account is frozen to fraudulent activity and we have lived here for 4yrs and new owner just took over we live in a dead restricted area we have a boat the trailer had a flat tire and everything was closed down so we had to wait to get a tire they put a letter on the boat we moved it when asked by and there saying that is one of the reasons that there kicking us out. With the covid 19 being on a month to month are they allowed to kick us out? None of the papers they have drop off have been signed or notorized. Can they kick us out right now with the covid 19 being month to month?

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1 Lawyer Answer
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: A 15 day notice is the minimum amount of time the landlord is required to give you on a month to month lease. The Covid 19 restrictions do not prevent a landlord from evicting a tenant for anything but the nonpayment of rent; and in fact the restriction is on the sheriff from serving a writ of possession. under the facts as you've described them here, the landlord can absolutely evict you. The notice does not need to be notarized. Read the notice carefully - you have 15 days to vacate. If you do not, then the LL can file a suit to evict you. It doesn't mean the deputy sheriff comes out on day 16 to escort you off the property. You may be able to find some legal assistance at your local legal aid office.

Bruce Alexander Minnick agrees with this answer

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