Notice of Non Reneval

[MIKEPIN]

What is the name of your state? Florida

I have been at my location since 3 years. We have a lease for a year that ends end of this month.

On 3/30 my landlord gave me a 30 day notice that he will not renew.

My lease says:

4. Term of the Tenancy
The term of the rental will begin on Saturday, May 01, 2019 and end on Thursday, April 30, 2020. If Tenant vacates before the term ends, Tenant will be liable for the balance of the rent for the remainder of the term.

18. Holdover by Tenant
Should Tenant remain in possession of the demised premises with the consent of Landlord after the natural expiration of this lease, a new month-to-month tenancy shall be created between Landlord and Tenant, which shall be subject to all the terms and conditions hereof but shall be terminated on 30 days' written notice on paper to the end of the month served by either Landlord or Tenant on the other party and monthly rent shall be $830.00.

19. Notice of Intent to Vacate
(This paragraph applies only when this Agreement is or has become a month-to-month Agreement.) Landlord shall advise Tenant of any changes in terms of tenancy with advance notice of at least 30 days on paper to the end of the month. Changes may include notices of rent adjustments or other reasonable changes in the terms of this Agreement. Tenancy shall be terminated on 30 days' written notice on paper to the end of the month served by either Landlord or Tenant on the other party.


but the law says

83.57 Termination of tenancy without specific term.—A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:

(1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period;
(2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period;
(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; and
(4) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.


I had a new lease every year, should I not have gotten a 60 day notice?

 

[Taxing Matters]

My lease says:

4. Term of the Tenancy
The term of the rental will begin on Saturday, May 01, 2019 and end on Thursday, April 30, 2020. If Tenant vacates before the term ends, Tenant will be liable for the balance of the rent for the remainder of the term.

That is a lease for a specific duration, in this case from 5/1/19 to 4/30/20.

but the law says

83.57 Termination of tenancy without specific term.—A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:

(Underlining added.) So that provision does not apply to you. If the lease did not state a specific duration, then under F.S. § 83.46 the term of the lease would be based on how frequent the rent payments were due. So if you paid the rent for the entire year at the start of the lease, it would be a lease tenancy from year to year. If you pay the rent at the start of each month, it would be a lease from month to month. Thus, if your lease didn't specify a specific duration, under the law that you cited the landlord would only need to give 15 days notice since I assume that, like most residential tenants, you pay rent each month.

 

[adjusterjack]

should I not have gotten a 60 day notice?

No. As TM explained you were entitled to 15 days notice and you got 30 which is more liberal than the statutory requirement.

As of yesterday 4/14 Florida has not yet issued a moratorium on evictions. However, Broward County has halted all residential eviction proceedings for the time being and Orange County has paused all evictions.

https://www.fool.com/millionacres/real-estate-market/articles/cities-and-states-that-have-paused-evictions-due-to-covid-19/

If you are having trouble finding another place to live by the end of the month due to the virus issues and you live in those two counties you can take a chance on staying put for a while and paying the new rent.

Anywhere else in Florida you'd be subject to eviction through the courts, if the LL could even get it processed, and you don't want an eviction on your record.

Either way, get ahead of this and talk to your landlord about staying if you have to. The notice you got on March 30 was a little ahead of the crisis and he may be willing to change his mind if he doesn't have a compelling reason not to.

 

[MIKEPIN]

So you are saying that even 14 days would have been enough? To end a lease after a year??

 

[MIKEPIN]

Pinellas does not issue a writ of possession and the sheriff does not process any.

But if you overstay you have double rent in FL.

 

[Zigner]

Pinellas does not issue a writ of possession

No, the court does that.

and the sheriff does not process any.

Their website contradicts you: https://www.pcsoweb.com/civil-process

But if you overstay you have double rent in FL.

What's your source for that?

 

[MIKEPIN]

83.06 Right to demand double rent upon refusal to deliver possession.
(1) When any tenant refuses to give up possession of the premises at the end of the tenant’s lease, the landlord, the landlord’s agent, attorney, or legal representatives, may demand of such tenant double the monthly rent, and may recover the same at the expiration of every month, or in the same proportion for a longer or shorter time by distress, in the manner pointed out hereinafter.

 

[MIKEPIN]

From the Pinellas website:

Per the Florida Supreme Court Administrative Orders 20-17 and 20-23, and the Governor’s Executive Order 20-94, the Clerk’s office will not issue writs of possession for evictions and foreclosures through May 29, 2020; will not issue writs of possession for evictions related to non-payment of rent by residential tenants due to the COVID-19 emergency through May 17, 2020; and will cancel any mortgage foreclosure sales scheduled through May 17, 2020. The referenced emergency orders do not reverse a final judgment of eviction or foreclosure. Instead, the orders temporarily suspend the foreclosure or eviction process for certain cases. If you have questions about the impact of either order on your case, please contact an attorney for assistance.

 

[Zigner]

83.06 Right to demand double rent upon refusal to deliver possession.
(1) When any tenant refuses to give up possession of the premises at the end of the tenant’s lease, the landlord, the landlord’s agent, attorney, or legal representatives, may demand of such tenant double the monthly rent, and may recover the same at the expiration of every month, or in the same proportion for a longer or shorter time by distress, in the manner pointed out hereinafter.

This is not a requirement, just something that's allowed for.

 

[Zigner]

From the Pinellas website:

Per the Florida Supreme Court Administrative Orders 20-17 and 20-23, and the Governor’s Executive Order 20-94, the Clerk’s office will not issue writs of possession for evictions and foreclosures through May 29, 2020; will not issue writs of possession for evictions related to non-payment of rent by residential tenants due to the COVID-19 emergency through May 17, 2020; and will cancel any mortgage foreclosure sales scheduled through May 17, 2020. The referenced emergency orders do not reverse a final judgment of eviction or foreclosure. Instead, the orders temporarily suspend the foreclosure or eviction process for certain cases. If you have questions about the impact of either order on your case, please contact an attorney for assistance.

Ok, you're talking about a temporary suspension, not that they just don't do it.

 

[zddoodah]

but the law says

83.57 Termination of tenancy without specific term.—A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by. . . .

Since you do not have a "tenancy without a specific duration," this law does not apply, and your question is moot. Your lease expires on April 30, and your landlord has told you he won't renew it. Of course, not renewing the lease and wanting you out of the premises are different things. Does the notice he gave you also say that he wants you out?

By the way, it's more than halfway through the month of April. Why are you only now asking about this? Have you spoken with your landlord about this and about the possibility of staying past the end of April? If so, how did that go?

As others have noted, even if the landlord could start the eviction process after the end of April, nothing's likely to happen for at least a month. Obviously, that comes with risk, though, so you should endeavor to find another residence.

 

[MIKEPIN]

A friend who works for a law firm in a different state (not a lawyer) told me that he would have to serve me in person. The note was only on the door and I did not see it until the next day, as I came in through the garage. He also told me I have 60 days. So I thought that I now have 90 days.

Looks like that was wrong.

I apologized to the LL and asked him to stay a bit longer.

I have a friend that stays with me often but is not on the lease. The LL does not like that. The lease required every person staying more than 21 days PER YEAR to be on the lease. I was told this is not legal.

My friend smokes marijuana and the LL does not like that. He says it is illegal if we do not show him a medical card. I believe this is none of his business. My landlord is a company and they are a few miles away!

 

[xylene]

Don't allow your guests to smoke marijuana on the premise (or even near it)

Have a talk with your friend about getting a place together as you seem to spend a lot of sleepover time with this person.

 

[MIKEPIN]

Don't allow your guests to smoke marijuana on the premise (or even near it)

Waat if he had a Medical Marijuana card?

 

[Just Blue]

Waat if he had a Medical Marijuana card?

The LL doesn't have to allow Joe Guest to smoke pot on/in his property.


You do understand the damage pot smoke does to a property....right?