Legal Question in Landlord & Tenant Law in Florida
Florida tenant... lease states , may terminate early with no penalty if given 60 day written notice, in any event must remain on premises for minimum of 7 months PRIOR to taking advantage of early termination option. My question is...Does this mean I have to stay until the 7month and then give a 60 day notice and be here a total of 9 months or can I give a 60 day notice to be out the 7th month or 8th month?
3 Answers from Attorneys
Without seeing the lease, it is impossible to answer with any certainty. The phrase as given would presume 7 months of lease payments, so notice can be given to leave, with appropriate notice, after the 7th month is paid. the lease document as a whole may change that.
I respectfully disagree and would read it differently. You can give notice at anytime as long as you remain or pay for 7 months. Ambiguities should be interpreted against the drawer of the lease.
I read it as you must stay at the premises for seven months, and you may give a 60-day notice prior to the seventh month, or on the fifth month. However, you should ask the the landlord or property manager to clarity so that you don't get caught by a technicality.
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