Legal Question in Landlord & Tenant Law in Florida

15-Day Notice Received/Rent is Paid For October

So today, I received a 15-day notice terminating my tenancy (without cause, my landlord and I just don't like each other, and it's a duplex, where the owner lives on the other side).

My rent is, & always has been paid on time for the last 6 months.

When I moved in, I paid first & last months rent, and no security deposit was paid, or asked for.

I have all of my receipts for every payment that I have made since I moved in, including the first one, which clearly stipulates that I paid my first month's rent, & my last month's rent, with no security deposit asked for, or paid.

Given the fact that October's rent is already paid, due to the last months rent being already paid (I was going to give HIM 30-day notice at the end of this month), am I correct in assuming that I can ignore this notice, and should he take me to court some time in October, I just have all the rent receipts with me, that the Judge would dismiss his eviction proceeding?


Asked on 9/13/17, 7:51 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Your lease on these facts ends 15 days after the notice. If you holdover you may be required to pay twice the actual rental. You likely are due a credit for any overpaid rental. Bottom line is mive. Your prepaid rental won't protect you.

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Answered on 9/14/17, 6:59 am


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