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?
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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.
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