Legal Question in Business Law in Florida
i rent an apartment and my lease is up august 30 2011. my roommate moved out and i cant afford to pay august rent by myself. how long do i have before i have to be out.
3 Answers from Attorneys
probably August 30, 2011, but you will owe the rent. all of it.
As a Franchise Attorney I only add the following to the other attorney answer. If you hold over beyond the lease termination date, you will be liable for rent during the holdover period. If you check your lease, this holdover rent is usually a much greater amount than the rent during the term of the lease. Try and find another roommate - you have time. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
It appears this is a residential unit from your question. Therefore you must read the lease to determine if there are any exception to what follows here; but if there is no other language that sets forth the length of any notice upon abandonment or termination by you and the lease has no specific period of duration then F.S. 83.575 applies and the rule is to give the landlord notice but it cannot specify that you give him/her more than 60 days notice before vacating; you should request legal counsel if your matter differs. Note that if you have a lease of a specific duration it may specifically state that it automatically renews for another year unless you or landlord make a "written" termiantion prior to the termination date which you set out as Aug 30.
Mr Murphy's advice on "holdover" status is valid in Florida, therefore should you continue in occupancy of the unit after it is terminated or expires and "without permission of the landlord then per F.S. 83.58 you would be considered a "holdover" tenant and liable for twice the normal monthly amount, plus other specified damages in the lease.
Hope this helps some.
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