Legal Question in Landlord & Tenant Law in Florida
My landlord has drawn up a new term date stating : "TERM OF LEASE: Month-to-Month starts on 05/01/2020 until either party terminate the lease." Then later there is a section where it says: "If tenant is on a month-to month lease, 30-60 days written notice to vacate was given and expired on the last day of a month". This comment of 30-60 notice is also under the "return of security deposit" section. My question is: Fla. Stat. Ann. § 83.57 says only 15 days is needed by either tenant or landlord. Is this true, and what about the lease, does it matter what the lease says about 30-60 days, or can I go by just 15 days as that is what Fla. Stat. Ann. § 83.57 says. Thank you, appreciate it.
1 Answer from Attorneys
The Florida Statute is correct, and the landlord has 30 days to return your security deposit. If he intends on keeping all or some of it, he needs to send you a certified letter stating how much he's keeping and why. It is also correct on the 15-day notice.
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