Legal Question in Civil Litigation in Florida

I received a letter from my Landlord'd lawyer stating that i am being evicted and asked to leave the premises without just cause, Or explanation on why i am being kicked out. I have been paying my rent on time, and I keep everything in tip top shape yet i am receiving an eviction notice without cause. The letter states that i have an oral lease with the landlord and that the lease can be terminated by either party if given notice. Based on (Florida Statue 83.04)What are my options? Can i pursue this in court? I was given an unreasonable amount of time to leave the premises, especially since i have a family it's not that easy to move that quickly. I was given till February 4th 2013 to vacant the premises And received the papers January 18th 2013.


Asked on 1/19/13, 4:25 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Read FS 83.57. A month to month tenancy requires 15 day written notice prior to the end of your monthly term. The service on Jan. 18, 2013 does not give 15 days. Do not put off looking for a new apt.

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Answered on 1/19/13, 7:17 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

If you pay your rental monthly then you are entilted to 15 days notice as per Mr. Slater. You cannot defend this in Court they can terminate your oral lease whenever they want, just as you can upon proper notice. When do you pay your rental on the 1st of the month? Then you have an implied contract for the next month unless you get notice by 15 days before the end of the current month. You have not gotten that notice, so you technically have until 2./28 probably to stay ASSUMING you pay your last month. If you dont pay your rental you can be evicted with a three day notice and a 5 day summons. Find a new place and if you want to stay or be certain about the timing of it, then get it in writing.

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Answered on 1/19/13, 12:44 pm


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