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.

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2 Lawyer Answers

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

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.

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