Legal Question in Real Estate Law in Florida

is a 60 day written notice of vacate legal?

According to our signed lease, which my roommate was rushed through, and I signed the day after my father died, we are required by them to give a 60 day written notice to vacate. I was out of town and came back to find my roommate did not give a notice so I ended up giving them a 30 day notice. They are trying to make us pay an extra month rent now. Is this legal?


Asked on 9/01/01, 7:36 pm

3 Answers from Attorneys

Patrick Russell Russell Law Offices

Re: is a 60 day written notice of vacate legal?

There is no statutory restriction prohibiting a landlord from requiring that a tenant provide a sixty-day notice prior to vacating. This would simply be a contractual issue, and as such the sixty-day notice is a written provision that you agreed to abide by.

If you should require any additional questions, do not hesitate to contact me at 305-373-5313.

Read more
Answered on 10/01/01, 10:39 am
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: is a 60 day written notice of vacate legal?

Your roommate being rushed through the lease and your signature on it following your father's death are facts that are of no legal consequence. If you didn't agree to the terms, then you should not have signed the lease. The 60-day notice requirement is lawful and the tenant is required to abide by it. Try to negotiate a reduction in the amount being demanded by the landlord. Good luck.

Read more
Answered on 10/01/01, 12:46 pm
Joel Cohen Joel M. Cohen,P.A.

Re: is a 60 day written notice of vacate legal?

You and your roommate are responsible to comply with your agreement under the lease. Sorry about your loss, but that has no bearing on your busines dealings.

Read more
Answered on 10/01/01, 8:31 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida