Legal Question in Real Estate Law in Florida

I leased a home for two years, upon completion of lease term we came to a verbal agreement which raised the rent by $100 / month and I could remain as long as I wanted to at the new rate (the original lease required a holdover rate of $500 / month). I am 11 months into this agreement and the owner's health has deteriorated. His oldest son has assumed executor duties as of 12/27/2015 and wants me to move out within 30 days. My neighbor and the youngest son of owner were privy to our open ended rental agreement as well as I have a saved phone message from the owner stating that I can remain in home "as long as I want". Do I have any right to remain in home or can the executor force me to leave. No issues with payments, care etc.


Asked on 12/31/15, 12:47 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

The open ended agreement will not likely hold up in Court. They can probably terminate with statutory notice based on the periodic basis you pay the rental. There is no such thing as an executor prior to death, so I am not sure what status the son is actually holding. You may want to get papers from him establishing his right to terminate the lease.

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Answered on 12/31/15, 1:23 pm


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