[FL] How much notice does a landlord need to give to end a month-to-month tenancy?

Lexi, Chatbot

I understand that dealing with a potential move can be stressful. How long have you been living in the property?

Lexi, Chatbot

Do you have a written lease agreement, and if so, when does it expire?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your eviction notice.

Seth

Hi there, thank you for your question. I'm Seth, a Lawyer here on our service, and I'm already reviewing the details of your question to find the best solution for you right away. I understand you're dealing with a situation where your landlord wants you to move out in two months because she plans to sell the property. Could you tell me more about any specific actions you've taken or any other concerns you have?

Seth

Could you please let me know which state or jurisdiction the property is located in? This will help me provide more accurate information regarding the notice period.

Seth

Thanks for sharing that. Have you received any written notice from your landlord about the intention to sell the property or the request for you to move out? Based on your situation, there are several legal considerations in Florida that could potentially support your case.

In Florida, if you do not have a written lease agreement, you are typically considered a month-to-month tenant. Florida law sets out the notice period a landlord must give to end a month-to-month tenancy under (FL Stat § 83.57), which requires giving not less than 30 days' notice prior to the end of any monthly period. However, if the landlord is selling the property, they may have different obligations depending on the terms of the sale and any agreements with the buyer.

Additionally, Florida law requires landlords to act in good faith and provide proper notice to tenants regarding any changes in tenancy or property status. This means that your landlord should communicate clearly and provide you with the necessary time to make arrangements.

Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

Seth

• Understand Your Rights as a Tenant: In Florida, a month-to-month tenant generally must receive at least 30 days' notice before termination, though long-term occupancy and past practices may matter.
• Review Landlord Communications: Ensure any request to move or sell the property is in writing for clarity and legal protection.
• Negotiate with Your Landlord: Ask for more time or assistance with relocation if needed.
• Prepare for the Move: Begin planning early if relocation is necessary.
• Document Everything: Keep records of all communications in case of disputes.

Please let me know if you have further questions.

Seth

Great question! However, what does that have to do with your original question?

Seth

In Florida, you generally cannot use your security deposit or last month's rent to cover your final month's rent unless your landlord agrees to it. It's important to have a conversation with your landlord to see if they are open to this arrangement. Make sure any agreement is documented in writing to avoid any misunderstandings.

Seth

Yes, if you don't use your security deposit and last month's rent to cover your final month's rent, your landlord is required to return them to you, provided there are no damages or unpaid rent. In Florida, landlords have 15 days to return the deposit if they don't intend to make any deductions, or 30 days to notify you of any claims against the deposit. Make sure to leave the property in good condition and document everything to ensure a smooth return process.

Please let me know if I can help clarify anything else. I want to ensure you are satisfied with my services.