SavingsTalk.com

ripper

I am getting different answers from all ends! I did not think we needed to give written notice we were leaving because it was not outlined in our lease anywhere that there was a time frame to give written notice of lease termination. In fact there is nothing about lease termination in our lease! We had a 12 month lease and I am still waiting to hear from the real estate co we rent from so I can ask directly...thats been 2 days though. I have read a little on Florida law and it says 15 days, 30 days, 60 days, even 90 days for an annual written lease termination. This is ridiculous! It wasn't outlined in what we signed nor even communicated!! Now we have 2 weeks to lease end and I made the landord aware last week we woul dbe out by 11/2 when the lease was up. She said nothing about getting it in writting or even a time frame she needed! What is going on?!?!?!<br />Well sadly you are ALL wrong! After speaking with the landlord...she is 100% ok with the 2 week VERBAL notice as her leases do not outline lease termination. She is with a real estate company and said that if this is not outline in the signed agreement then it can not stick regardless of state law due to the fact the tenant may have neevr been aware of the law!<br />

snoopyloopy

On a month to month lease you are required by law to give 30 days written notice on an annual lease it's usually 60 days written notice. The termination letter should also outline where you are moving to and where they need to send your security deposit. Without the letter you will only prevent your security deposit to be returned to you in a timely manner.

Most leases if not all leases state how much notice you are required to give depending on how you pay, weekly, monthly, quarterly etc.

this is the Florida Tenant Landlord law.

WHEN YOU DECIDE TO MOVE

* When you decide to move from the rental dwelling don't forget to give the required notice! Be sure to check your lease agreement for the specific time period that is required for appropriate notification to terminate the lease.

* If a specific time period is not included in your lease agreement, the table below indicates an appropriate notification time period to provide written notice:

Payment Schedule Days of written notice required
(before contract termination)

Weekly 7 days
Monthly 15 days
Quarterly 30 days
Yearly 60 days

* Send all correspondence relating to your intention to move to the landlord by certified mail (return receipt requested) or deliver it by hand and insist on a receipt.

* It is a good idea to talk with the landlord in person, if you must cancel a lease before its expiration date, perhaps the landlord will accept your security deposit as your total financial obligation. If so, be sure to obtain a signed
agreement to this effect from the landlord.

* One of your most important responsibilities as a tenant is to leave the premises
in clean condition for the next occupant.

* Take a last walk-through with the landlord before you vacate the premises, and
note any damages in writing and reach a final agreement concerning any
financial penalties that may occur.


YOUR SECURITY DEPOSIT


* As previously mentioned, always take a last walk-through with the landlord before you vacate the rental dwelling! Note any damages in writing and reach a final agreement concerning any financial penalties which may occur,
or that may jeopardize the status of your security deposit return.

* When you move out, your landlord must either return your deposit (plus interest, if applicable) within 15 days of termination of the lease, or justify in writing, within the 15 day period, why he is keeping a portion or all of the money. The justification must be sent by certified mail to your last known mail address.

* If the notice is not sent as required within the 15-day period, the landlord forfeits his right to impose a claim unless you failed to give proper notice prior to vacating.

* If the tenant objects to the landlord retaining all or a portion of the deposit the matter may be taken to Small Claims Court.

Providing the LL with adequate notice in writing will cover your a s s when and if you ever have to take the LL to court for your security deposit. Failure to give timely notice might prevent you from getting your deposit back.

If you are vacating on 11/2 then the Lanlord has the right to charge you two days rent for those two days you are still there. In order to prevent this you should be out by 10/31. If you fail to pay for those days then the LL can deduct the unpaid rent from your security deposit.

Give 15 days written notice, hand deliver it and get a receipt and make sure they schedule a final walk thru with you.

Lee

I already answered this question, but you didnt like the answer. You cannot just up and leave a residence, whether it is in the lease or not. The standard written lease notice is 30 days of a lease contract which is 11/1 to 11/30 in your case. So because you didnt give written 30 day notice to your landlord (which you better do soon as she has to have it BY the 1st) you will owe her for the 30 days, regardless if you move out by the 1st. You gave her no notice so that she may advertise and try to rent the apt out.
15 days written notice is for bi-weekly tenants, 30 days if for month to month tenants (which you are) 60 and 90 days are for 1+ yr leases.
I am trying to make this as easy for you to understand as possible. You did not give written notice, You did not give the mandatory 30 day notice, You owe Nov rent. It cannot be taken out of deposit. 30 days after you move out, the landlord will send you a list of damages she is charging for and a refund check if you get one. If you owe her money, she will file in court against you. Then court costs will be added to the amount you owe. If you dont pay, then it goes on your credit report for 7 to 10 yrs.
It could be worse. Your lease is not up until 11/1. So you are still on the year lease and she could be wanting the 60 day notice to move. You said previously she only wants Nov. Keep up the argument and she probably will change it to the 60 days, just for the aggravation you are giving her.
Pay Nov rent and move. Just because it is not in the lease doesnt mean there isnt a state law about it. And it can be enforced by the landlord.

SunShine

Part of the problem is that MAYBE you are reading it but not understanding it. The lease may say that it automatically renews for another year or month to month unless either party gives proper written notice to terminate it before hand.

If you still can't figure it out despite the advice others have given you, you can email me and ask me for my fax number, so I can read it myself and figure it out for you, or else you could email it to me to read.

General

Your question had already been answered.

The termination notice requirement does not have to be outlined in the lease, it is ruled by Fla Landlord/Tenant law.

It is your duty to educate yourself on your rights and obligations as a tenant.

If you fail to give proper written notice, the landlord can hold you liable for the rent for the notice period. The landlord can deduct the rent from your security deposit and sue you for the remainder.

Most, if not all, states require termination notices in writing.