Legal Question in Landlord & Tenant Law in Florida
I provided a 48 day notice to vacate to my landlord; however my landlord wants me to pay after the lease end date as it was not a 60 day notice per the lease agreement. Is this legal.
1 Answer from Attorneys
It is legal for the lease to require 60 days notice before vacating the premesis. It is also legal for the lease to contain liquidated damages (an amount of money) due if you fail to give the 60 days notice. But, in order for you to be liable for the liquidated damages, the landlord must give you 15 days notice before the start of the notice period. See the relevant portions of the FL Statutes 83.575 copied below.
83.575 Termination of tenancy with specific duration.--
(1) A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord before vacating the premises at the end of the rental agreement; however, a rental agreement may not require more than 60 days' notice before vacating the premises.
(2) A rental agreement with a specific duration may provide that if a tenant fails to give the required notice before vacating the premises at the end of the rental agreement, the tenant may be liable for liquidated damages as specified in the rental agreement if the landlord provides written notice to the tenant specifying the tenant's obligations under the notification provision contained in the lease and the date the rental agreement is terminated. The landlord must provide such written notice to the tenant within 15 days before the start of the notification period contained in the lease. The written notice shall list all fees, penalties, and other charges applicable to the tenant under this subsection.
(3) If the tenant remains on the premises with the permission of the landlord after the rental agreement has terminated and fails to give notice required under s. 83.57(3), the tenant is liable to the landlord for an additional 1 month's rent.
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