What is the required notice for a tenant to move out on a verbal contract?

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What is the required notice for a tenant to move out on a verbal contract?

We had a friend renting a room from us in our house and due to my concerns with her mental health and violent outbursts, I served her 30 day eviction notice letter. She now decided instead to move out immediately (less than 24 hours notice) and is demanding her money back that’s been paid for the month of February. This was a verbal month to month contract. Can someone fail to give notice like that and demand their money back?

Asked on February 1, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A verbal (or more properly, oral) lease is a month-to-month lease. Either party, landlord or tenant, may terminate the tenancy on 30 days notice. If a tenant provides less than 30 days notice, he or she will owe rent for the notice period--i.e. 30 days of rent. There is no way to avoid paying 30 days--either give 30 days notice, then move; or move, but still pay. So if she has already paid for February, she should not be able to get her money back.


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