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60 day notice to vacate? by FlaMommy on June 22, 2006 @14:30

                              
I posted this on another forum, but only advice I got was to get advice from an attorney, can anyone help? Thanks in Advance!!

I am a tenant with a written lease expiring on 7/31/06. The lease does state that I am required to give a 60 day written notice to vacate. I received my renewal letter in the mail, and we planned on staying, so did not send notice to vacate. Last week, my husband was offered a job transfer out of state, and we decided to accept it. I called the landlord today, to find out what I needed to do at this point. ( We have NOT signed a new lease.) The landlord stated that we could give 60 day notice TODAY, and would be required to pay the 60 day notice out. ( Through august 22nd.) We are fine with that, since we need some time to find a place to live in out new state anyway. What confuses me, is that in addition to stating we would need to give 60 days written notice and pay for it, he also told me that we would STILL need to VACATE on 7/31/06. On top of that, he said there is a $100 PENALTY for not giving timely notice (5/31/06) The lease says NOTHING about a Penalty for not giving timely notice, but at this point, the $100 is not my concern anyway. My concern is that I am expected to pay for this apartment through 8/22, yet required to vacate on 7/31. Can he do this?

I will add that I asked if we could go Month to month after 7/31, so that we could have more time to find a house, and he said no, we either had to renew for 12 months or vacate on 7/31.

Any help would be appreciated. And the sooner the better, as everyday that ticks by adds another day to my 60 days!

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Re: 60 day notice to vacate? by Phillip in Western New York on June 22, 2006 @14:41 [ Reply ]
The advice to find a lawyer is the best advice anyone can give. Otherwise, if there is a lack of a definition of the penalty to breaching the lease terms, then you should have no penalty liability. If the landlord is making you pay out the 60 days notice period, then you still have a right to occupy the premesis. If you are required to vacate, per the original terms of your lease, by July 31, 2006, then I don't believe he can assess, basically a penalty for the notice not given.
Re: 60 day notice to vacate? by RDH on June 22, 2006 @14:46 [ Reply ]
I am assuming you are from FLA. It sounds like the landlord is not willing to work with you. Where you a problem tenant? Usually a notice to vacate has to be given by the 1st of the month in writing sent certified mail/return rec. If it is given in the middle of the month it is not valid until the 1st of the next month in your case July 1st---- 60 days---- sept 1st. If you are from FLA here is a number you can call and ask those questions about paying until 8/22 and having to vacate 7/31:
For information or assistance, call our Consumer Hotline at 1-800-HELP-FLA (435-7352), or 1-800-FL-AYUDA (352-9832) for assistance in Spanish.

RDH


Re: 60 day notice to vacate? by flanative on June 22, 2006 @20:11 [ Reply ]
Let's disect your situation. Your lease is in effect until 7/31; and the lease states that you must give 60 days notice to vacate.

I take it, you would prefer to stay where you at least until sometime in August; and you don't mind paying the full August rent even if you move out a bit earlier.

What I think I would do is just do nothing. I would not sign a new lease, and I would not mention again to the landlord or management company my intention of moving. As I see it, as of August 1, your tenancy automatically becomes month to month. I would pay one month's rent on August 1 and give notice in writing after the rent is accepted if you are prepared to move by August 31.

I would avoid signing a new lease by finding fault with it, or just neglecting to do it. It sounds to me like your landlord is guilty of a certain amount of gamesmanship and you need to step up and do the same.

You could be opening yourself up to some headaches, such as recovering your security deposit, or being charged as a holdover tenant, but, I would take that risk. And no, I don't think that your landlord can charge you until 8/22 and expect you to vacate on 7/31. Remember you have no lease to break after it expires.

Hope this helps.

Re: 60 day notice to vacate? by CA Landlady on June 23, 2006 @13:00 [ Reply ]
Flanative gives some good advice. Your lease expires on 7/31/06 and with no new SIGNED lease on the books, it becomes MTM and most likely with 30 DAY written notice, can be voided by either party. In California, no matter what my lease says, state law sez 30 day notice (for now at least - used to be 60 days in some cases). BECOME AN EXPERT ON FLA LAW. My guess is at most, its 30 day written notice. The penalty is a scare tactic and should be treated as such. My advice? Write a letter outlining your understanding of Florida law regarding the ending of a lease reverting to a mtm and the legally required notice from either party. Furthermore, let them know YOU know the $100 penalty is baloney. Your landlord has XX amount of days after you drop off the keys to give you a security deposit settlement statement - keep close track of those days and again, learn what the state of Florida sez about the deposit deadline. My guess is that there will be numerous "suspect" charges against your deposit that you will need to dispute...and i dont know what to tell you what to expect around 7/31/06. Make it worth his while to keep you as a MTM tenant until youre ready to leave.

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