Legal Question in Landlord & Tenant Law in Florida

my daughter paid her landlord for Septembers rent & told the landlord that she intends to move out after the end of this month (Sept 30, 2009) & her landlord told her "I wont accept your months notice until your roomate has moved out & gone, then a month to the day after your roommate has moved out you can go and Id rather you wait until Oct 1st to turn in your Intent because we are going on vacation & will be gone Oct 1st so we wont have time to advertise & show the rental." Is this legal? Does the roommate have to be moved out before my daughter can turn in her Intent to Move & can't she date it today & do it?


Asked on 9/01/09, 1:36 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

The co-tenant (if a signatory on the lease) must also give her notice of intention to vacate the residence, if the lease requires it. You did not state whether the friend is a sub-let or a co-tenant or whether the friend has signed any agreements to pay rent. Perhaps, if your kid is responsible for the rent, she should kick out her friend first. Or, the LL may be responsible to kick out the friend. There's not a simple law which states "thou shall kick out your roommates before breaking your lease." FL doesn't make laws like that, and I hope they never do because that would be a communist society.

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Answered on 9/01/09, 11:43 pm


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