Legal Question in Landlord & Tenant Law in Florida
Landlord came to me after I paid my rent on time Sept 1 and said I have to be out Oct 1 because his house is being foreclosed on and he needs to move in. Is there anything I can do stop him. My kids are enrolled in school here.
2 Answers from Attorneys
Do you have a written lease? That would control. If no lease, then landlord would need to give you 15 days notice for a month to month lease in order to terminate it.
If you have a written lease it depends on the duration of that lease before your landlord can force you out. If there is no written lease (and you pay rent monthly) then you have a verbal month to month lease. He can notify you of month to month termination. If you do not leave he can bring an eviction action.
Caution: All things landlord/tenant related have short time fuses in the courts. If you are served with a "5 day" summons and complaint, you must promptly answer it and begin making rental payments to the Clerk of the County Court. Of course if you have no real defenses to the eviction action you should try to work out some extra time for you to find an alternative residence. Never slant the truth in a court action-- and I am not suggesting you ever would.
This is not a legal opinion upon which you may rely. You need to formally retain a Florida attorney and meet with him or her one on one. You might also find assistance at Legal Services in your county. Depending on your financial situation Legal Services may provide an attorney to review your circumstances.
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