What is the legal time frame for notification to vacate when a house in Seminole county is being rented. Is 15 days legal?

UPDATED: May 25, 2009

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What is the legal time frame for notification to vacate when a house in Seminole county is being rented. Is 15 days legal?

A house has been rented 2 years, payments have been on time and owner now wants renter to leave (for no known reason) in 15 days. Not enough time to find another location to move furniture and enroll children in other places. Roof has collapsed due to Florida rains. When owner told she gave notice.

Asked on May 25, 2009 under Real Estate Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If you have a lease the terms of the lease prevail; that is the lease will state a termination date (the date the lease ends).  Also, by law the Landlord must repair the roof or you can report him to the authorities. 

If you don't have a lease and you pay your rent monthly, you have what is referred to as a "month-to-month" lease.  Under Florida law, if you pay monthly the proper notice to vacate is 15 days.

Maybe you could speak with your Landlord and explain that you need more time to find another place?  If you can't work something out with them and you stay past the 15 days, he/she can start eviction proceedings.  That will take about 14 days to complete.

Note:  Under a month-to-month the landlord must give you your security within 15 days from the day you vacate (leave);  however if your are evicted, you will forfeit (lose) your security deposit.

You need to speak with an attorney; if you can't afford one call legal aid for help.

Good luck.

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