Getting the boot...Is this allowed? (lease agreement, tenant, rentals, security deposit)
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My landlord is trying to get me out of the rental. Basically I told her a good 3 months ago that I bought a house and it was being built. She agreed to a lease extension on a month to month basis. Our house has been delayed longer than we'd expected, bur still it will only make our lease 2 months longer than the year contract. Upon calling the landlord for this last extension she has happily informed me that she no longer wishes to do a monthly extension because she has rented the house to someone else. So I have one more month to wait before I sign the papers on the house being built and nowhere to go in the meantime. Is she allowed to kick me out while I wait for the final stages of my house being built? The realtor who sold me the house said that the landlord is not allowed to kick me out and that I'm protected by Florida law. Is this true? I'm stressing and I have to go talk to the landlord today. What should I do?
If your lease has already run out you're on a month to month and under Florida law I understand that both LL and tenant are obligated to give each other 15 days of notice to quit IN WRITING and preferably by return receipt certified mail. (If the letter is hand-delivered it's best to get a signed copy of the letter as receipt of its delivery). So presuming your LL hasn't give you 15 days notice in writing as legally required you can't be forced to move out until such time as you receive the mandated 15 day notice. All other terms and provisions of your previous lease apply.
I would simply tell your LL that she needs to check Florida tenant/landlord laws and let her do the legwork!
My landlord is trying to get me out of the rental. Basically I told her a good 3 months ago that I bought a house and it was being built. She agreed to a lease extension on a month to month basis. Our house has been delayed longer than we'd expected, bur still it will only make our lease 2 months longer than the year contract. Upon calling the landlord for this last extension she has happily informed me that she no longer wishes to do a monthly extension because she has rented the house to someone else. So I have one more month to wait before I sign the papers on the house being built and nowhere to go in the meantime. Is she allowed to kick me out while I wait for the final stages of my house being built? The realtor who sold me the house said that the landlord is not allowed to kick me out and that I'm protected by Florida law. Is this true? I'm stressing and I have to go talk to the landlord today. What should I do?
When we were building our house, it wasn't done on time, so we had to extend our lease for another month. The landlord had no problems with that, although some people told me that he didn't have to extend our lease if he didn't want to. Luckily, our house was done before the end of the "first month extension". This is NM though...However, I really hope you sort that situation out. Good Luck!!!
You'll need to check local law to be sure. In my area, on a month to month, the landlord can terminate the lease with 30 days notice. So yes, they would have the right to do what they did if you lived here.
HOWEVER, I've recently been told on these forums that some places do not allow a termination of month to month without a specific, approved reason. You need to find out if that is true for your area, and if so, what the approved reasons are.
The realtor who sold me the house said that the landlord is not allowed to kick me out and that I'm protected by Florida law.
In Florida a month-to-month tenancy can be terminated by either party with proper notice - either the 15 days minimum or longer if specified in the lease agreement. If I recall correctly, notice must be written, so the notice you received on the phone does not start the clock. If I were you I'd plan to put my stuff in storage and move into an extended stay hotel until the house is ready, because I don't think you have any recourse here.
She has to give you notice but it sounds like she is doing that. You'll probably get a written follow-up to your phone call in the mail in a day or two.
She agreed to month-to-month terms for a while, but that doesn't mean she has to agree to that indefinitely. And it doesn't mean she has to fix your problem with your builder.
Find an extended stay hotel or corporate housing to move into for a month.
Do you expect her to turn down a new lease when your is up? No your lease is up and she was nice to actually do it month by month.Most would ahve wanterd a set number in a contract.
Do you expect her to turn down a new lease when your is up? No your lease is up and she was nice to actually do it month by month.Most would ahve wanterd a set number in a contract.
Actually this whole subdivision used to be vacation rentals. These people became desperate when they weren't making enough money and decided to start doing long term rentals on select homes. There are about 5 vacant homes (exactly like the one I'm in) which they could use if a new lease did arise. Not letting me stay would actually be loss of money for them.
Thanks much for all replies. I guess my biggest mistake with the management was not putting any of the agreements in writting. I'm just too darn trusting. I've had trouble after trouble with them from the very beginning but I still hoped they'd be honest with this. Oh well...Anyways, it was all settled yesterday afternoon and I'll be allowed to stay an extra month. Money speaks volumes and they liked the check they got.
My landlord is trying to get me out of the rental. Basically I told her a good 3 months ago that I bought a house and it was being built. She agreed to a lease extension on a month to month basis. Our house has been delayed longer than we'd expected, bur still it will only make our lease 2 months longer than the year contract. Upon calling the landlord for this last extension she has happily informed me that she no longer wishes to do a monthly extension because she has rented the house to someone else. So I have one more month to wait before I sign the papers on the house being built and nowhere to go in the meantime. Is she allowed to kick me out while I wait for the final stages of my house being built? The realtor who sold me the house said that the landlord is not allowed to kick me out and that I'm protected by Florida law. Is this true? I'm stressing and I have to go talk to the landlord today. What should I do?
Ask a lawyer. if the lawyer says you are protected, have him write her a letter to tell her she can't toss you out. OTOH, she may keep all the security deposit and worse.
It is such a sin that people are rotten. I mean, the people's home is not ready yet, (that happens) so they are renting on a month to month, the LL is still getting her money. So when the house is ready they will move and she will get new tennant's. What is the problem here.
Ugh, why does everything have to be such a freaking pain in the arse???
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So I have one more month to wait before I sign the papers on the house being built and nowhere to go in the meantime. Is she allowed to kick me out while I wait for the final stages of my house being built? The realtor who sold me the house said that the landlord is not allowed to kick me out and that I'm protected by Florida law. Is this true? I'm stressing and I have to go talk to the landlord today. What should I do?
