Legal Question in Real Estate Law in Florida
What are the rights of a renter leasing a house on a month to month basis? Owner suddenly showed up in a travel trailer and said they needed to leave, knowing that the renters were in the process of completing a new home that wouldn't be ready for another month or two. Owners seem okay in travel trailer but now have asked if their niece and two children can stay in the house with them until their house is completed.
1 Answer from Attorneys
Though I don't know precisely the number of days, a tenant renting on a month to month oral lease must be given a specific number of days notice to move out. In case of a month to month oral lease, FS 83.57 says,
(3) When the tenancy is from month to month, by giving not less than 15 days� notice prior to the end of any monthly period;
Clearly, they can't be forced out on the spot.
Also, if they stay over, the owner still can not forcibly remove them from the premises without a tenant eviction court order which can take from 4 to 8 weeks to obtain. But the owner can demand double rent for staying over.
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