How much notice must a tenant on a month-to-month lease give?

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How much notice must a tenant on a month-to-month lease give?

I am a tenant and have asked the landlord to get rid of termites, they refuse. Everything in lower cabinets are covered with termite stuff; I have to wash everything before I can use it. The landlord will do nothing. Says my new lease will say “as is”. How much notice do I need to give on a month-to-month lease? They say 45 days. I’ve have had backed up sewers, roaches and termites since I moved in 2 years ago and it’s getting worse. I can’t find a place to live and give 45 day notice; I can’t afford to pay 2 places.

Asked on July 15, 2011 under Real Estate Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

On a month-to-month lease, thirty days written notice is required to terminate the tenancy, but that would NOT apply in your case due to the following discussion. 

In every lease, there is an implied warranty of habitability, which means the landlord must maintain the premises in a habitable condition by complying with local and state housing codes.  The roaches, termites, and sewer problems would breach the implied warranty of habitability and constitutes a health and safety hazard.  When there is a breach of the implied warranty of habitability, the tenant notifies the landlord within a reasonable time as you did.  The landlord must respond within a reasonable time to remedy the problem.  By failing to remedy the problem within a reasonable time, the landlord has breached the implied warranty of habitability.  The tenant has the following remedies for a breach of the implied warranty of habitability: the tenant can make the repairs and deduct the cost from the rent or the tenant can move out and terminate his/her obligation to pay rent for the balance of the term of the lease or if the tenant decides to stay on the premises, the tenant can withhold rent and defend against eviction.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

On a month-to-month lease, thirty days written notice is required to terminate the tenancy, but that would NOT apply in your case due to the following discussion. 

In every lease, there is an implied warranty of habitability, which means the landlord must maintain the premises in a habitable condition by complying with local and state housing codes.  The roaches, termites, and sewer problems would breach the implied warranty of habitability and constitutes a health and safety hazard.  When there is a breach of the implied warranty of habitability, the tenant notifies the landlord within a reasonable time as you did.  The landlord must respond within a reasonable time to remedy the problem.  By failing to remedy the problem within a reasonable time, the landlord has breached the implied warranty of habitability.  The tenant has the following remedies for a breach of the implied warranty of habitability: the tenant can make the repairs and deduct the cost from the rent or the tenant can move out and terminate his/her obligation to pay rent for the balance of the term of the lease or if the tenant decides to stay on the premises, the tenant can withhold rent and defend against eviction.


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