Legal Question in Landlord & Tenant Law in Florida

I live in Orlando, FL. I am renting from a person who is renting a home from her friend. In other words I pretty much have two landlords but I only have a renter's agreement with one.

I have found a cheaper place to live that is much better and I'm trying to figure out the vague wording of the term of tenancy clause in the agreement my roommate/landlord wrote herself. This is exactly how it is worded:

Clause 4. Term of Tenancy

The rental will begin on: 9/1/11, and continue

on a quarterly bases. (January-March, April-June, July-September, and

October-December). If the tenant began renting in the middle of a

quarter, it is attached to the next quarter automatically. The tenant,

and or Landlord MUST give a 30 day or more notice in writing to release

this agreement or it will automatically renew for the next quarter.

Now she takes this to mean that if I give 30 day notice I still have to pay rent for the remainder of the quarter that we are in. So if I gave notice now and moved out at the end of February I'd still have to pay for March.

Now I'm reading this and I see that giving 30 days notice releases me from the agreement, which means the entire renter's agreement and therefore I'd only have to pay rent for February and be out by the end of that month.

I don't know which is right and I'm trying to figure this out soon because I have a few places lined up and I'd like to be out by the end of February and I want to know if I have to pay rent for March too.


Asked on 1/19/12, 4:21 pm

2 Answers from Attorneys
Philip Duvalsaint Philip A. Duvalsaint, PLLC

It probably means that you are not released from the entire agreement until the end of the quarter. Otherwise, the term is extended for an additional quarter.

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Answered on 1/19/12, 4:51 pm
Lucreita Becude Lucreita D. Becude, P.A.

Unless the owner of the residence allowed sublease in her agreement I would say you have nothing with the roommate. She does not own the property and therefore can not rent what she does not own.

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Answered on 1/20/12, 8:02 am


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