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?
3 Answers from Attorneys
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.
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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.
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.