Q: My landlord is selling the home I rent from her and she has asked me to move out via an informal email on the 29th of
Sept and gave me until 10/31/2020, and if needed , 11/30/2020. I paid Oct rent and subsequently found a rental on oct 5th, with a move in date of Oct 17. I notified my landlord that I would be vacating on the 17th. By the way, I was on a month to month basis. Landlord told me that people dont move out mid month and that she was unable to return the remaining months portion of the rent, as I broke the lease agreement by leaving before months end, even though, she was the one who asked me to leave. Am I entitled to receiving the prorated remaining rent?
A: While she is incorrect when she says that "people don't move out mid month", she has no obligation to pro-rate the rent for October.
Bruce Alexander Minnick agrees with this answer
A:
1. Under Florida law, when in a month-to-month lease situation, the normal time for either side to give notice to vacate is 30 days.
2. Your landlord did that.
3. You agreed, and paid the rent for October.
4. Then you decided to leave 14 days early.
5. Since you did not give 30 days notice you breached the lease.
6. The good news is that you can stay there until October 31.
7. That gives you plenty of time to clean up and get your security deposit back.
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