Legal Question in Real Estate Law in Florida

Landlord termination

Can we be evicted because the lardlord needs the residence for the owners to move back in? We had a lease the first year, second year and now 3 months into the third year, we presently have a written lease We pay our rent, and have given her no other reason to evict us. we have no other place to go yet as the first move was paid for by my company. We are having our own house built and it will be completed in 3 months. we will have a large expense to move becuse of this No date yet to get out has been written on the letter , but it is 15 days before the end of the month can they do this?


Asked on 5/12/01, 5:06 pm

2 Answers from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Landlord termination

First, the owner and the landlord are generally the same party. Second, the answer to your question is NO, unless the written lease has a provision that specifically allows termination of the lease upon written notice that the owners have elected to move back into the premises. It is highly unlikely the lease would contain any such provision.

The lease cannot be legally terminated on a whim, by either party. You should advise the landlord that he or she is required to abide by the terms of the lease agreement or risk a wrongful eviction action which would allow the tenant to deposit the rent into the registry of the court pending the resolution of the matter, and would also allow the tenant to seek recovery of all costs and attorney's fees incurred in connection with such an action. Alternatively, you might be willing to move out before the end of the term, subject to your new home being ready for you and your family to move into, and, if so, you may want to communicate the same to the landlord. Seek the advice of a real estate litigation attorney. Good luck.

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Answered on 6/22/01, 12:19 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Landlord termination

Is the written lease for the current year? If not you may be construed to be a month to month tenant and subject to eviction. Another interpretationis that the lease is from year to year. Either way you can await eviction proceeding and have the court decide..and of course you will not be thrown into the street as you await your new home's completion.

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Answered on 6/26/01, 6:08 pm


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