How much notice must a landlord give a tenant to move out?

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How much notice must a landlord give a tenant to move out?

I am a tenant living in a townhouse. My landlords are getting divorced and were told that the husband is to temporarily live in the townhouse where I currently reside, meaning I would have to move. I have only been living here just under 3 weeks. Now they tell me they have arranged for movers to come remove the furniture from the house and I have to move by tomorrow.

Asked on June 28, 2011 under Real Estate Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The amount of notice depends on the type of tenancy you have.  For example, if you have a month-to-month lease, the landlord would have to give you thirty days written notice.

In any event, whatever type of lease you have, one day's notice is not sufficient.

You may be able to sue the landlord for breach of the lease for failing to give you proper notice.  The lease is a contract between landlord and tenant.  You may also have an argument for retaliatory eviction which means the landlord is evicting you for something that is not a breach of the lease.

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

Answered 10 years ago | Contributor

Do you have a lease?  Is it signed by both the owners as landlords?  Then they can not break the lease. And if you do not have a lease and are a month to month tenant then they have to give you 30 days notice to vacate and if you do not then they have to evict you.  I would strongly suggest that you get a lawyer asap in this matter and that you tell your landlords that you have retained an attorney and that if they come in to the house and touch one thing of your you will sue them.  Now, you obviously do not want to live there anymore with these lunatics.  So I would suggest that you see of you want to have them pay you to break the lease and pay for the moving expenses.  Good luck.


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