Rental renewal notice- time frame

[iluves19]

What is the name of your state (only U.S. law)? Florida
I'm currently renting a home in Florida and my lease ends on 04/06, my landlord emailed me on 02/19 that she is going to increase the rent and add a $200/per pet fee! I started looking for a new place, but she wants me to let her know by 03/06 if I intend to renew the lease! How long do I have to let her know if I am going to renew the lease? There's nothing about it in our original lease from 2013 that says how many days notice either one of us has to give the other!

 

[PayrollHRGuy]

Florida law requires a 30 day notice of termination of the rental agreement. That is why he wants to know 30 days in advance because if you aren't going to agree he is going to end the lease so it doesn't go into month-to-month status.

 

[not2cleverRed]

What is the name of your state (only U.S. law)? Florida
I'm currently renting a home in Florida and my lease ends on 04/06, my landlord emailed me on 02/19 that she is going to increase the rent and add a $200/per pet fee! I started looking for a new place, but she wants me to let her know by 03/06 if I intend to renew the lease! How long do I have to let her know if I am going to renew the lease? There's nothing about it in our original lease from 2013 that says how many days notice either one of us has to give the other!

According the what they are teaching kids in Common Core ELA, after highlighting the relevant phrases, I would conclude: you have until March 6th (03/06/2018).

 

[iluves19]

Florida law requires a 30 day notice of termination of the rental agreement. That is why he wants to know 30 days in advance because if you aren't going to agree he is going to end the lease so it doesn't go into month-to-month status.

Thanks for that info! I understand that the Florida law requires a 30 day notice of termination, but does that also apply if it's in regards to renewing or not? If it's a written lease agreement, doesn't it have to state that in the lease? This is the 1st time after renting 20 years (different places) that I've had a landlord that has only given me 16 days to make a decision on whether or not I am going to renew or not! No one can possibly find a new place in that short of time!

 

[iluves19]

According the what they are teaching kids in Common Core ELA, after highlighting the relevant phrases, I would conclude: you have until March 6th (03/06/2018).

I'm not a kid! The things we want have nothing to do with the law and what the law says! Just because she wants to know by 03/06 doesn't mean that is the law!

 

[PayrollHRGuy]

Thanks for that info! I understand that the Florida law requires a 30 day notice of termination, but does that also apply if it's in regards to renewing or not? If it's a written lease agreement, doesn't it have to state that in the lease? This is the 1st time after renting 20 years (different places) that I've had a landlord that has only given me 16 days to make a decision on whether or not I am going to renew or not! No one can possibly find a new place in that short of time!

A written lease can give you more time and not less. And it does apply to renewing. Since you said there was nothing in the lease the law is what you have to go by. Decide by next Tuesday.

 

[STEPHAN]

This is the 1st time after renting 20 years (different places) that I've had a landlord that has only given me 16 days to make a decision on whether or not I am going to renew or not! No one can possibly find a new place in that short of time!

You knew since a long time that the lease was up.

Go month to month and you have an extra 30 days to decide. (46 days).

 

[not2cleverRed]

I'm not a kid! The things we want have nothing to do with the law and what the law says! Just because she wants to know by 03/06 doesn't mean that is the law!

In this case, it is.

She asked you to give her at least 30 days notice before the expiration of your lease, whether you are renewing. In your state, the is the minimum notice required.

In order to help you make a decision, your landlord informed you of what the terms would be, should you choose to renew your lease. You seem to not be interested in renewing the lease under those terms, and are actively looking for a place to move into, so it is unclear to me why it would be a problem telling your landlord that you will not be renewing the lease.

The landlord is not asking you to move out by 3/6. She is asking you to let her know by 3/6 whether you'll be leaving or renewing when your lease expires 4/6. I suppose we could quibble over 3/6 or 3/7, as March has 31 days.

 

[Stephen1]

As I read all this, what I see is:
- your lease ends 4/6/18. (sounds perfectly legal to me)
- your landlord has given you notice that effective with the new rental period there are changes to the agreement (increased rent, pet fee). (sounds perfectly legal to me)
- your landlord has reminded you that you need to provide 30 days notice if you are ending the rental agreement and has computed what that date is. He did not have to do this. (sounds perfectly legal to me)

Perhaps the hang-up here is that the law talks about giving a notice that you are terminating the agreement and the landlord referred to it in a positive way by talking about continuing the LL/T relationship. Either way, you need to let the LL know by 3/6 whether you are leaving or not. Would you have been happier if the LL had said "your agreement ends on 4/6/18. If you want to stay you have to notify us NLT 3/6/18 and these are the changes to the agreement."

Oh, and your comment " This is the 1st time ... that I've had a landlord that has only given me 16 days to make a decision on whether or not I am going to renew or not! No one can possibly find a new place in that short of time!" sounds like you believe he is giving you only 16 days to find another place. Nope, he's giving you 46 days (16 + 30).

 

[latigo]

Thanks for that info! I understand that the Florida law requires a 30 day notice of termination, but does that also apply if it's in regards to renewing or not? If it's a written lease agreement, doesn't it have to state that in the lease? This is the 1st time after renting 20 years (different places) that I've had a landlord that has only given me 16 days to make a decision on whether or not I am going to renew or not! No one can possibly find a new place in that short of time!

Pardon me for asking, but thanks for what?

Rather than expressing gratitude for payrollguy's amateurish guesswork you need to ignore it!

For one, there are no laws in Florida or anywhere else to my knowledge mandating that the tenant in a written lease agreement calling for a fixed term must give any advance notice of his intention to vacate the premises at the end of term!

So, YES as you wisely discern, it must be so stated in the written lease agreement!

Secondly, no where in the Florida statutes is there any mention of a "30-day notice of termination"; neither by a tenant nor a landlord. The periods of time for such advance notice to terminate a tenancy at will are either 3 months, 45 days, 15 days or 7 days depending on the respective periodic payments of rent. (F.S. 83.03)

Also, contrary to payroll's uneducated guesswork, the holding over by a Florida tenant after a fixed term DOES NOT automatically result in creating a "month to month status"! (The words "month-to-month" aren't to be found in the above mentioned Florida statutes!)

The result of a holding over is a "tenancy at sufferance" giving the occupant all the rights of a trespassing squatter. If the landlord thereafter receives accepts rent and continues to do so, the tenancy becomes one at will, but not a "month to month" tenancy nor a renewal of the original term "without some further instrument in writing". (F. S. 83.04)

 

[quincy]

Pardon me for asking, but thanks for what?

Rather than expressing gratitude for payrollguy's amateurish guesswork you need to ignore it!

For one, there are no laws in Florida or anywhere else to my knowledge mandating that the tenant in a written lease agreement calling for a fixed term must give any advance notice of his intention to vacate the premises at the end of term!

So, YES as you wisely discern, it must be so stated in the written lease agreement!

Secondly, no where in the Florida statutes is there any mention of a "30-day notice of termination"; neither by a tenant nor a landlord. The periods of time for such advance notice to terminate a tenancy at will are either 3 months, 45 days, 15 days or 7 days depending on the respective periodic payments of rent. (F.S. 83.03)

Also, contrary to payroll's uneducated guesswork, the holding over by a Florida tenant after a fixed term DOES NOT automatically result in creating a "month to month status"! (The words "month-to-month" aren't to be found in the above mentioned Florida statutes!)

The result of a holding over is a "tenancy at sufferance" giving the occupant all the rights of a trespassing squatter. If the landlord thereafter receives accepts rent and continues to do so, the tenancy becomes one at will, but not a "month to month" tenancy nor a renewal of the original term "without some further instrument in writing". (F. S. 83.04)

Please don't be a jerk, latigo.

No notice is needed if a tenant is leaving at the end of the lease period. The tenant can just vacate the premises. If the tenant wants to stay and renew the lease or sign another lease, advance notice should be provided the landlord so the landlord does not rent the premises out to someone else.