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Re: 60 day notice to vacate? - Landlord Forum thread 223785







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Re: 60 day notice to vacate? by TominFLA (florida) on May 15, 2011 @22:26

                              
I know this is moot since this is years later... but for those who are searching on this issue...

Flanative's approach might work, but it also may not. The landlord, knowing she will not renew for 12 months, can prevent her from the month-to-month by serving a notice to vacate before 7/1... notice in Florida is 30 days for a monthly rental for the landlord. He then can refuse to accept her rent check for August... and begin charging her twice the rent for each day she remains as a holdover tenant. He can file eviction (costly for him but damaging to her) and make himself a real pain. Don't know why he wouldn't just take the easy road and accept an extra month and let her stay except that maybe he's got someone else ready to take the place and he wants her out.

I would send the Aug. check marking it "Aug Rent" immediately and see if he cashes it. Then he has no right to kick her out, his acceptance of payment = agreement to rent monthly for Aug. And no, he can not charge you through Aug 22nd and demand you leave 7/31, or charge you a fee for not giving proper notice. What he CAN do IF YOU DO VACATE on 7/31 according to your lease... is keep your security deposit to pay for August, since you did not give proper notice. If he doesn't give you notice... then stay and let the lease fall to a month to month... and give a 15-day notice to vacate (FL Law for monthly).

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