Q: My lease is up at the end of February and my landlord wants to put us on a month to month lease.
She sent us a letter stating this dated January 16 but we’re not comfortable on a month to month lease so we’re deciding to leave March 1. My current lease states if we want to leave at the end of our lease we have to give a 60 day notice. If my landlord didn’t give us adequate time to decide if we wanted to stay, are we still required to give a 60 day notice?
A: In Florida, if your lease requires a 60-day notice to vacate and your landlord is proposing a change to a month-to-month lease as your current lease expires, the original lease terms typically remain in effect until explicitly altered by both parties. However, if your landlord's notice of the change to a month-to-month lease did not give you adequate time to provide a 60-day notice as required to vacate by the end of your lease term, there may be room for negotiation. Ideally, communication with your landlord is key. Explain that the timing of their notice did not allow you to meet the 60-day requirement and discuss the possibility of leaving March 1 without penalty. The requirement for notice is still technically in place, but the circumstances may provide some flexibility depending on your landlord's response.
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.
