Legal Question in Real Estate Law in Florida
Addendums vs state law
I have finished out a year's lease and I'm now month to month. They asked me to sign an addendum stating that I would give 30 days notice. Florida law says 15 days notice is all that is required. Do I have to give 30 days notice? If I give them less than 30 days, am I subject to monetary penalties?
1 Answer from Attorneys
Termination Notice for Mo. to Mo. Tenancy
Facts: finished year's lease; now month to month. Asked to sign addendum that I would give 30 days notice. Florida law says 15 days notice is all that is required.
Q. Do I have to give 30 days notice? If I give them less than 30 days, am I subject to monetary penalties?
A. No you don't have to sign or give more than 15 days notice unless your old lease had provisions that carried over if you stayed past the term. I always put such provisions in my leases just to cover such a case. Landlord also doesn't have to keep you as a tenant and can give you a 15 day notice to Vacate. It's a two way street. There is no financial liability for not signing or not giving more notice than legally required. Ques. Would it hurt to give more notice than required?
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