Winter Springs, FL asked in Family Law and Landlord - Tenant for Florida

Q: Can my landlord evict us when we have a renewal clause in our lease?

My landlord claims that we are on a month to month because we never physically signed a new lease, but we have a renewal clause in our lease that says that our lease automatically renews every 12 month period for up for 5 years unless either party sends a 60 days notice through certified mail saying they don't want to renew and that verbal notice is insufficient under any circumstances. Neither one of us has done that. She claims she sold the house and needs us out and gave us a 30 days notice. What can I do?

Some additional information - I've never met my landlord because she lives in another state. We've done all of our communication through text messages and I have all the text message conversations of her harassing and threatening me with eviction for the past year and constantly throwing it in my face that I received government assistance to help pay rent due to covid. I'd like to sue for harassment, but I'm not sure if it can be done at the same time as eviction.

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

A: You can discuss this with your landlord or in the event that he has sued, raise it as a defense.

Bruce Alexander Minnick agrees with this answer

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

A: Whoever bought the house took it with the written lease attached to it. So if your written lease automatically renews you are in a great position here. If the new owner wants you out they might want to buy you out.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.