If I’m on a month-to-month lease, does my landlord have a right to ask fora 2month termination notice and can he raise my rent without notification?

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If I’m on a month-to-month lease, does my landlord have a right to ask fora 2month termination notice and can he raise my rent without notification?

I received a voice message at 5:29 pm on 12/3 telling me that I was short on rent. When I called back, I was told it is the new market price. My month-to-month lease states I have to give 60 days notice. I did not get a job out of the state because of that.

Asked on December 3, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are on a month-to-month written lease with your landlord concerning the rental that you are occupying, you need to carefully read the written lease in that it controls the obligations that you owe the landlord and vice versa in the absence of conflicting state law.

Carefully read your written lease for any language requiring you to give a two month termination notice. For you to have to give a 60 day termination notice on a month-to-month lease makes no sense.

Likewise, read the lease carefully as to whether or not your landlord can raise your rent without notification. Most likely you are required to receive written notice of any rent increase under state statute.


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