Legal Question in Landlord & Tenant Law in Florida

Lease Rental

I had a lease for a house rental which ended on December 31, 2008. After which I have been on a month to month basis. The lease states that I must give a 30 day notice to vacate, which I have done on January 12, 2009. I want to vacate on February 15, 2009, but my Landlord is saying I have to stay and pay until February 28, 2009. Is that legal? Doesn't a 30 day notice mean just that?


Asked on 1/19/09, 6:36 pm

1 Answer from Attorneys
Justin Schmidt Law Office of Justin B. Schmidt, P.A.

Re: Lease Rental

No. Unless there is something contrary expressly provided in your lease, month to month means just that. You must provide 30 days notice of the month you wish to vacate, so your landlord is correct.

PROVIDED your lease does not say otherwise. You may have your lease reviewed by an attorney to advise you if you have the right to "prorate" the rent for the last month.

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Answered on 1/20/09, 10:03 am


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