What are my rights regarding a 3-day notice?

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What are my rights regarding a 3-day notice?

On 11/18 I moved into an apartment and paid full rent, plus a deposit. I had to clean, paint, repair walls, and repair PVC under the kitchen sink. On 12/01, the landlord showed up demanding rent. I told him that I just paid him the full rent and about the kitchen repair and walls. He said then that he demands a prorated amount to be paid to him immediately and he didn’t care about the place, just his money. He then proceeded to hand me a 3-day notice (not notarized). What are my rights? There is no lease agreement.

Asked on December 2, 2010 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) Notarized does not matter in this context.

2) You can be evicted for not honoring the terms of a lease--even an oral one (see below)--or for non payment.

3) There is *always* a lease; if it's not written, it is oral or verbal, but it will reflect the understanding and agrement of the parties and the material terms, such as rent.

4) If you moved in on 11/18, then from the period 11/18 to 12/30, you will owe a month+ of rent; given that there are 30 days in November, you will owe for a full month in December and for 12/30, or 2/5, of a month for November. In one way or another, whether you paid a month on 11/18 and then pay another 12 days on 12/18 to carry through to the end of December, if you don't pay the full amount due, you can be evicted. So unless the landlord chose to give you some days for free, if you paid one full months' rent on 11/18, you will be short of the total owed for Nov. and Dec.

5) If you're being evicted for nonpayment of rent, if you pay the amount due and owing you can stay.

6) Bear in mind that with an oral lease, your tenancy is month to month; that means either you or the landlord can end the tenancy at any time with one month's notice.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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