30 day notice

[FL-Tenant]

What is the name of your state? Florida

My lease says:

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.

I have been month-to-month since two years after my fixed-term lease expired.

My landlord posted a 30 notice on my door on 5/31 at 11 PM and put a copy in my mailbox at the same time. I did not see it until 11 AM the next day.

The notice was to end my tenancy on 6/30. Was this notice given on time?

 

[reenzz]

If you did not see it until the next day, how are you claiming that it was posted on 5/31 at 11:00 pm. Regardless, it seems that the notice is valid.

 

[Ohiogal]

What is the name of your state? Florida

My lease says:

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.

I have been month-to-month since two years after my fixed-term lease expired.

My landlord posted a 30 notice on my door on 5/31 at 11 PM and put a copy in my mailbox at the same time. I did not see it until 11 AM the next day.

The notice was to end my tenancy on 6/30. Was this notice given on time?

Hopefully you have found a new place to which to move. How do you know the notice was posted at 11pm and put in your mailbox at the same time?
If you have not found a new place to live, then you may find yourself subjected to eviction proceedings which make your ability to get a new place more difficult. And why did you want until today to inquire? Did you contact an attorney on June 1? Or did you just ignore this?

 

[FL-Tenant]

If you did not see it until the next day, how are you claiming that it was posted on 5/31 at 11:00 pm. Regardless, it seems that the notice is valid.

I told the landlord that he was late with his notice, as it was not there at 10:30 pm when I went to sleep. He said it was posted at 11:00 pm. He said even 11:59 would have been enough. He offers me one more month at a much higher rate.

 

[reenzz]

Your landlord is correct. The law does not care about what time you choose to go to sleep. Also, 11:59pm would of been with in the construct of the Florida law.

 

[quincy]

I told the landlord that he was late with his notice, as it was not there at 10:30 pm when I went to sleep. He said it was posted at 11:00 pm. He said even 11:59 would have been enough. He offers me one more month at a much higher rate.

It appears that you need to move (if you haven’t already) or pay for another month at the higher rental rate.

 

[FL-Tenant]

If he had only put it in the mailbox, would it still have been on time?

Normal mail comes at 4 pm, am I supposed to check my mailbox late at night?

 

[quincy]

If he had only put it in the mailbox, would it still have been on time?

Normal mail comes at 4 pm, am I supposed to check my mailbox late at night?

Depends on the postmark.

 

[FL-Tenant]

Depends on the postmark.

Not though USPS. Landlord delivered.

 

[quincy]

Not though USPS. Landlord delivered.

The landlord couldn’t/shouldn’t put anything in a mailbox. It must go through the mail or be personally delivered or posted on the door. Mailboxes are reserved for USPS mail only.

 

[Ohiogal]

Love how my questions were ignored. Gotta love it. Apparently someone who actually went to law school, passed the bar, and practices (albeit in Ohio) doesn't need to participate in this discussion.

 

[FL-Tenant]

Hopefully you have found a new place to which to move. How do you know the notice was posted at 11pm and put in your mailbox at the same time? If you have not found a new place to live, then you may find yourself subjected to eviction proceedings which make your ability to get a new place more difficult. And why did you want until today to inquire? Did you contact an attorney on June 1? Or did you just ignore this?

I saw the notice the next morning. Therefore I thought he was too late. I wrote a letter saying that I got the notice, but that it was too late and only becomes valid end of July. I did not get any response until today. I can not confirm that the notice was posted at 11 PM, but the landlord says it was.

He offers me to stay for July at 50% more rent.

I am planing to move next month and I have something lined up.

 

[quincy]

I saw the notice the next morning. Therefore I thought he was too late. I wrote a letter saying that I got the notice, but that it was too late and only becomes valid end of June. I did not get any response until today. I can not confirm that the notice was posted at 11 PM, but the landlord says it was.

He offers me to stay for July at 50% more rent.

I am planing to move next month and I have something lined up.

It is good that you have a place lined up already.

 

[FL-Tenant]

Love how my questions were ignored. Gotta love it. Apparently someone who actually went to law school, passed the bar, and practices (albeit in Ohio) doesn't need to participate in this discussion.

I am so sorry. I thought I answered all the questions. I hope I did now. I really appreciate your help!

 

[reenzz]

If he had only put it in the mailbox, would it still have been on time?

Normal mail comes at 4 pm, am I supposed to check my mailbox late at night?

You said he also posted it on your door. Either way, proper notice was given.