Legal Question in Real Estate Law in Florida

Rent increase notice

I am on a written month-to-month lease in florida. I received on 9/9/02 a notice of rent increase on 10/1/02. On our written and signed lease, it states that termination of the lease by either party must be given with at least 30 days notice and any modification must be in writing and signed by both parties. Is a rent increase therefore required to have 30 days notice?


Asked on 9/11/02, 11:18 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Rent increase notice

Since the modification was not signed to by both parties it does not appear to be valid. The problem is that since you are a month to month tenant they can now serve you with a notice to vacate.

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Answered on 9/12/02, 3:43 am
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Rent increase notice

Based on the information provided, yes. But quite frankly, all you would do by fighting is delay the inevitable, create an adversarial relationship with the landlord which may hurt you in the future or simply lead to the termination of the lease, and incur expenses associated with the fight. If you want to stay on the premises and you have no objection to paying the increased rent, then pay the rent and relax. Otherwise, start planning your move to a new apartment because the landlord will eventually (and in the near future) serve you with a notice to vacate and end the month-to-month tenancy. Good luck.

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Answered on 9/12/02, 8:34 am


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