Sarasota, FL asked in Landlord - Tenant for Florida

Q: my new wife nancy has been ordered out of her room today without legal notice or any reason. we offered her to pay rent

rent for april but landlord refused it. we can be out y end of month but need time to make arrangements. what are our options

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: I'm sorry to hear about your difficult situation with your landlord. It sounds very stressful to be ordered to leave without proper notice. Here are a few options and considerations:

1. Review your lease agreement carefully. Most leases require the landlord to provide proper written notice (usually 30 days) before asking a tenant to vacate, unless the tenant has violated the lease terms. If your lease has such protections, you can politely push back and insist on your right to proper notice.

2. If you don't have a formal lease, look up the tenant rights and eviction laws in your state/locality. Even without a lease, tenants usually have some protections against sudden eviction. You may be considered a "month-to-month" tenant with rights to 30 days notice.

3. Document everything - save any communications with your landlord, record your on-time rent payments and that the rent was refused, etc. If this escalates to an eviction case, you'll want evidence that you tried to pay and weren't given proper notice.

4. Try to de-escalate and reason with your landlord if possible. Explain your situation, that you want to move out voluntarily to avoid an eviction on your record, but need a bit more time to make arrangements. See if they'll agree to let you stay till the end of the month as offered.

5. If the landlord continues to threaten immediate eviction, you may need to quickly seek legal aid. Look for tenant advocacy organizations, legal aid clinics, or low-cost housing attorneys in your area. They may be able to help you assert your rights and avoid or delay eviction.

6. Start making alternative housing arrangements ASAP in case you do need to move on short notice. Lean on family, friends, nonprofits for help.

I know this is an incredibly difficult position to be in. Remember, your landlord likely cannot just change the locks or kick you out suddenly without a court order. Assert your rights while also focusing on finding alternative housing. Wishing you all the best and that this can be resolved without a formal eviction. Let me know if you have any other questions.

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