If I was just givin a 2-week notice to vacate, is this legal?

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If I was just givin a 2-week notice to vacate, is this legal?

I’ve been a tenant for about 7 months. The letter that she made me sign isn’t official or filed with the courts.

Asked on November 30, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have a written lease for a definite period, such as the traditional one-year lease, you cannot be asked to leave prior to the lease's end unless--

1) You failed to pay rent;

2) You violated material, or important, provisions of the lease;

3) You purposely or reckless (grossly negligently) damaged the landlord's property;

4) For certain other fairly obvious good cause, like threatening the landlord or the landlord's staff; or

5) IF the lease itself allows early termination by the landlord, in which case, the landlord must comply with all the rules in the lease regarding that.

If you had either an oral lease or a written month-to-month lease, you were a month-to-month tenant and may be asked to leave on a month's notice--not on two weeks.

 


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