Legal Question in Administrative Law in Florida

rental

my rental lease expired a yr ago.we have never signed a new 1. i have remained living here for another 10 months w/o problems. my rent was due on 14 of this mth, on 16 i called to inform him i would have to move because i didnt have the rent. he told me i had 5 days to vacate befor he filed eviction. my question is can he file that quick considering that he is holding my last mths rent and security deposit which, each amts to same as rent would be. I would also like to know if i am legally permitted to stay remainder of my month (if he cant start eviction yet, that is.). keep in mind there is no signed lease in effect for past 10 months


Asked on 7/17/08, 2:36 pm

1 Answer from Attorneys
Matthew Z. Martell Law Office of Matthew Z. Martell, P.A.

Re: rental

This is actually a landlord/tenant law question. Currently you have a month-to-month oral lease under Florida law. You landlord can file an eviction action against you by the 21st if your rent was due on the 14th. The last months rent would be applied for this month. The security deposit is for damages only and he needs to return it to you 30 days after you move out unless there are damages to the premises. Practically speaking, you will get to stay until the end of the month anyway since he probably won't serve you until the 22nd at the earliest (unlikely) and you get 5 days to file an Answer to Count I- Possession of his complaint from the date you are served. I recommend that you immediately hire a landlord/tenant lawyer in your area to help you further.

Read more
Answered on 7/17/08, 2:46 pm


Related Questions & Answers

More Administrative Law questions and answers in Florida