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What are the rights of tenants in Florida with no lease?
Anonymous2 views2 answers
My landlord intends to sell the home he's rented to us for 14 months, we are not behind on rent. He wants us to vacate immediately, although he has not yet sold it. Do we have any rights to stay at least 30 days to find a new place?
If you are a tenant, then you have a lease agreement.
It sounds like you are a month-to-month tenant with an oral lease agreement.
I am going to assume that rent is due on the first of the month.
The landlord has no right to ask you to leave immediately.
He can provide PROPER notice and deliver it in a PROPER way to terminate the lease.
He is too late now to terminate as of the end of February.
He can terminate for the end of March.
He would have to send you a termination letter advising that he wants to end the lease agreement as of the end of March. it would have to be sent certified mail and you would have to receive it by March 16th, 2013.
You have the same right of termination. If you want to move, you would send the landlord a termination letter that he receives at least 15 days before the beginning of the next month.
If your rent is due on another day than the first, you would adjust everything above so that it reads that notice is due at least 15 days before rent is due.
Good luck.
I do agree that your landlord cannot force you to leave immediately, however, do not necessarily expect certified mail from your landlord notifying you that he is terminating the lease. While certified mail does provide proof of delivery, under Florida Statute 83.56 (4), your landlord is not required to use certified mail. The landlord can deliver the notice to you by simply mailing it, delivering it to you, or if you are absent from the premises, by leaving a copy of the notice at your residence.
If your landlord is trying to sell the property, you may consider asking him to allow you to continue renting with the expectation that you will fully cooperate with him in showing the house and keeping it presentable. It’s worth a try.