Can I sue if my landlord gave me only a few days notice to move out?

UPDATED: Apr 29, 2012

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Can I sue if my landlord gave me only a few days notice to move out?

I gave the landlord a deposit in cash with a signed agreement that he will return the deposit upon my exit. I am renting a room in his house on a month to month verbal contract. I pay rent every 1st of the month. The landlord told me that he sold the current house and bought a new house, asking that I move in with him which I agreed. Then, 3 days ago, the landlord called me and basically said that I will have to find another place to move to which only gives me a few days to find a place to live. Am I able to sue? Also, he gave me my deposit to be cashed in 2 weeks. Is that legal?

Asked on April 29, 2012 under Real Estate Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are a month to month tenant then your landlord has to give you 30 days notice to vacate. Plain and simple.  I am assuming that your tenancy in the new place was under the same terms as the tenancy in the old place, correct?  You have the right to stay until you get proper notice to move.  Sue?  Probably not.  As for the deposit, post dating checks is not necessarily illegal. Good luck.

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