Q: Can I take any legal action against my apartment complex if they did not send us a renewal or a nonrenewal letter?
My lease end with this current complex on October 15th. We have not received a letter for renewal nor a letter stating that they will not renew us. I first sent an email asking about renewal letters back in late June and they responded that they'd be sent out in July. Come July, nothing was sent and I went to the office later that month. They told me that we were listed as "Do Not Renew" but would not state a reason and said that they would "look into it". A month later, we check again on what the progress is after they said that they'd reach out to us and they acted like it was the first time we brought it up and again said they would "Look into it". It now comes to near the end of September and we get our bill that has an additional "Month To Month" charge. Which, from my understanding we shouldn't be charged since we didn't decide to not renew but that the complex put us down as "Do not renew" and has never sent us a letter stating it.
A:
The following info is general educational information for this kind of situation. To obtain reliable legal advice, schedule a consultation with lawyer. Under Fla. law, when a tenant is on a year's lease, and the tenant decides to stay on with the landlord's consent but without a new written lease the tenant automatically becomes a month-to-month tenant. Of course, you're not a prisoner; you can notify the landlord that you are vacating. However, termination of a month-to-month tenancy by the tenant requires at least 15 days written notice to the landlord prior to the date that the next rent payment is due.
Therefore, if, by Sept. 30th, you did not advise the landlord that you will vacate by Oct. 15th, the landlord might have figured you are staying on until at least one month past the expiration date of the lease (that is, at least until Nov. 15th). If you wish to vacate by the end of the lease term instead of staying on at least one more month, it would probably be a good idea to immediately talk to the landlord about it. The landlord might say it's not a problem. If you reach an agreement, get it in writing!
Regarding renew/don't renew communications, read your lease - it likely has a clause stating that any communications about things like that must be in writing. If that's the case, verbal statements simply don't count. But let's say, hypothetically, it DID count. "Not renew" means not renew THE LEASE. If you stay on as a month-to-month tenant, that's not a lease renewal. You change hats from a lease tenant to a month-to-month tenant who can vacate at any time upon at least 15 days notice to landlord prior to the next rent due date.
Not sure what you have in mind regarding your question, "Can I take legal action?" An action seeking what? Were you damaged as a result of the landlord's actions? In any event, to be certain of your rights and remedies, you must schedule a consultation with a lawyer handling landlord-tenant matters.
A: To clarify my last answer here, if a tenant intends to vacate at the end of the current lease term, the tenant can generally do that without notifying the landlord any particular number of days in advance, and without further obligation to the landlord, unless the lease has language to the contrary (such as clause stating that failure to so notify by a certain date automatically triggers a renewal or the commencement of a month-to-month tenancy). But even if there's no notification requirement, it's a good idea for everyone to be on the same page, and to do that in writing.
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.
