Legal Question in Real Estate Law in Florida
We're being evicted so the landlord's FAMILY will have a place to live
Can we be evicted because the lardlord needs the residence to occupy a member of her family? We had a lease the first year, now in our third year, we presently do not have a written lease at the request of the landlord. We pay our rent, and have given her no other reason to evict us. We have three children and no other place to go. We are having our own house built and it will be completed in 5 months. She has given us 30 days to get out so her son can occupy the residence. Can she do this?
2 Answers from Attorneys
Re: termination of tenancy
In Florida, a month-to-month tenancy can be terminated on 15 days written notice.
Re: We're being evicted so the landlord's FAMILY will have a place to live
When you first moved in you had a written lease in which you promised to make monthly payments of rent to the landlord and in return guaranteed you possession of the premises for the entire term of the lease which you state was one year. After that year you apparently did not sign a new lease but continued to occupy the residence on a month to month tenancy. Your only guaranty of possession is the term of the lease or one month for which the rent has been paid. Florida law does give a minimal safeguard by requiring notice to you at least 15 days before the next monthly payment is due. By giving you 30 days, the landlord has actually gone above and beyond the statutory requirement.
A lease is a written contract which protects both sides in a transaction. By failing to obtain and enter into a new lease you left your options open but you also allowed the landlord the option to ask you to move. The landlord is within his/her rights to do so.
Scott R. Jay, Esq. (305) 2490-8000
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