How much notice does a landlord need to give on a month-to-month lease?
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How much notice does a landlord need to give on a month-to-month lease?
I signed a year lease. After the end of that year it was to be a month-to-monthlease. Yesterday I received a notice in the mail stating that my month-to-month is due to expire on the 31st 3 weeks from now) and I have until the 26th to sign a new lease at the increased rate or move out on the 31st. Also she stated that at anytime before the 26th if I have not signed a new lease she can revoke that offer and I have to be out on the 31st. I am concerned because I just don’t think this is right, as well as what would have happened if I never received this notice via the regular postal service?
Asked on August 5, 2011 Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
My understanding is the under FL a landlord need only give a 15-day notice to vacate to a month-to-month tenant. State law requires that all notices to and from a landlord must be in writing, even if the lease is oral. As for just how you are to receive notice, it need not be by certified mail. In fact it need not even be sent by mail. Hand delivery will suffice. Additionally, if you are not out by the date specified in the notice, your landlord can sue you in court for possession and damages.
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