Cape Coral, FL asked in Real Estate Law and Landlord - Tenant for Florida

Q: Can I be evicted if Management filed holdover due to lease expired and owner emailed me and said I could stay to Dec.

My lease expired in 2019 and I received a month to month lease with the expectation of purchasing the home but due to COVID everything was pushed back. Owner said I could stay until Pandemic is over. Sept. 11,2020 I received a notice to vacate October 31,2020. My lease states terminating this agreement at anytime by giving NO LESS THAN 30 DAYS written notice PRIOR to the beginning of any monthly rental period. The notice should have been given Sept 1,2020 and not Sept 11,2020 Correct? Because Prior to the beginning of any monthly rental period for me to vacate October 31, the notice should be given 30 days prior to the beginning of any monthly rental would have been Sept 1

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Landlord Tenant Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: 1. No, you are no longer entitled to a 30 day notice because ALL the terms in your written lease expired in 2019 when your lease expired and thus are no longer effective.

2. You have nothing more that a month-to-month tenancy which can be terminated by 15 days notice.

3. Unless the owner said that you "could stay until the pandemic is over" is IN WRITING (everything involving land or buildings must be in writing) his promise is unenforceable.

4. Since the owner told you in an email (i.e. in writing) you "could stay to December" that means November 30.

5. Finally, it appears that the owner has agreed to let you stay past October 31; but that does not get you past November 30.

6. So unless you can convince the landlord to relent you will have to leave on or before November 30.

1 user found this answer helpful

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