• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

First official notice

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Wolphe

Junior Member
I just received my first official written notice in the mail today (May 9th, 2016). According to the letter, the homeowner wants us out tomorrow. I thought the law in Florida is that you have to give the tenant a 15 day notice if you are month to month or 30 days if the expired lease says I have 30 days to vacate. Here is what the letter says exactly...

----------------
RE: Termination of Tenancy Effective April 30, 2016

The following has the purposed to record our rental agreement effective February 29, 2016 and extended as a courtesy to April 30, 2016.

As you and your spouse were informed during my personal visit on August 2015, I intend to sale the property of (Address of home). As a result you were asked to begin to plan accordingly. An official request for you to vacate the premises was issued in the month of November, 2015 via telephone conversation. A move date of January 31, 2016 was provided, allowing sufficient time for your compliance. As you requested, this date was extended to April 30, 2016 due to the difficulty you were experiencing in finding the resources to find a new place. However, at this time due to the urgency in selling the place I am in position to deny any further extensions and therefore you are expexted to comply by vacating the premises as soon as possible.

Since there is no lease outstanding, please be informed that this letter has been forwarded to the applicable office for the town of (City I am residing in) with a request to properly record the termination of any agreement.

In order to avoid any further actions, please contact me with a date and time in which the premises may be inspected and the keys to the same may be returned. Your move from the premises may not exceed the date of May 10, 2016. In advance, thank you for your cooperation.

Sincerely
(Home Owner)
--------------------

What I have in parenthesis, I replaced for anonymity. What I have in Bold has me questioning how a "Proper Official Notice" is done. I thought a first notice must be written and sent certified mail. Is this correct? How should I respond to this?

Me and my family are having a hard time finding a place to rent due to the fact of the breed of dogs we have. Even though we can insure them to put the homeowners mind at ease. As we are still desperately looking for a place to stay, I am also in the works of trying to buy a house, but the process is a little long, hence why we are trying to find a place to rent. We may have a place to rent, but won't be available until June 1, 2016.
 


STEPHAN

Senior Member
What kind of lease do you have?

While the notice may be defective, better be prepared to move shortly or you will probably have an eviction on your record.
 
Last edited:

Wolphe

Junior Member
The lease is just a generic lease they copied online.

Delective? As in the contents of the latter seems "Not a real PROPER notice"?

As it looks like to me, this letter (Though how strange the way the letter is written) is our first official notice that automatically gives us 30 days to vacate before they can file for an eviction. I'd like to respond to this letter professionally, but not sure exactly what to say. Any advice please?
 

FarmerJ

Senior Member
Delective? = defective. the problem with oral conversations when it comes to notices is proving them , You have likely known for some time now that the LL has wanted you to vacate SO yes it appears to me too that you can argue that the notice is defective and that the LL has to start from scratch on it but do know this , if your LL has to go to your county court house and file for a eviction based on you over staying notice ( once they do actually get it right ) they are not going to back down and if any future LL say in a year to two if your looking for another rental unit theres a chance that the LLs screening service will find out and inform the LL you are applying with that another LL had to take you to court to get you out and that alone can be reason enough to refuse to rent to you since many LLs don't want to take a chance of history repeating itself . YOU are entitled to proper notice and if the LL can prove they had given you notice to get out then they will win in court.
 

Wolphe

Junior Member
The lease expired in September of 2015. Since then we have just been paying rent every month until we could find a place. I am hoping to find a place to rent June 1st at the very latest. This letter just gave me a 30 day window to keep searching before the LL files for an eviction. I'd like to respond to the LL explaining that the letter was not really a very good "Proper" notice, but a notice never-the-less, that granted us 30 days to vacate before a an Eviction can be filed in court. Any help on how I should write this letter in response to my notice?
 
Last edited:

Wolphe

Junior Member
Correction on the lease. I thught it was a 2 year lease, but looking at it now it says TBD. There is a lot to write from the lease, so I took a pic of it and can be viewed via google drive link.

Page 1: https://drive.google.com/open?id=0B71Xkt7eqbzYSXM5SzlrMHlJSjA

Page 1b: https://drive.google.com/open?id=0B71Xkt7eqbzYRUp3WU9jTnF3UzA

Page 2: https://drive.google.com/open?id=0B71Xkt7eqbzYYlRDRUVqbW91bHc

Page 2b: https://drive.google.com/open?id=0B71Xkt7eqbzYOVA0SlhmaFRlYWc

Page 3: https://drive.google.com/open?id=0B71Xkt7eqbzYTUJIdEswbUdPR0k

With the "TBD" circled on the lease, does that mean lease ended when I got my written notice yesterday?
 

not2cleverRed

Obvious Observer
Keep your posts all in one thread.

https://forum.freeadvice.com/landlord-tenant-issues-42/threatening-evict-624292.html

https://forum.freeadvice.com/landlord-tenant-issues-42/rent-check-hasnt-been-cashed-over-month-624783.html

A *reasonable* person would know that their LL wants them out. Just because the notice is defective doesn't mean that you can reasonably say you are unaware that they want you out.

Stop dithering around and get your act together, because eventually the LL *will* do the paperwork correctly. And yes, you are dithering.

P.S. Your dogs are YOUR problem, not your LL's.
 

Just Blue

Senior Member
I just received my first official written notice in the mail today (May 9th, 2016). According to the letter, the homeowner wants us out tomorrow. I thought the law in Florida is that you have to give the tenant a 15 day notice if you are month to month or 30 days if the expired lease says I have 30 days to vacate. Here is what the letter says exactly...

----------------
RE: Termination of Tenancy Effective April 30, 2016

The following has the purposed to record our rental agreement effective February 29, 2016 and extended as a courtesy to April 30, 2016.

As you and your spouse were informed during my personal visit on August 2015, I intend to sale the property of (Address of home). As a result you were asked to begin to plan accordingly. An official request for you to vacate the premises was issued in the month of November, 2015 via telephone conversation. A move date of January 31, 2016 was provided, allowing sufficient time for your compliance. As you requested, this date was extended to April 30, 2016 due to the difficulty you were experiencing in finding the resources to find a new place. However, at this time due to the urgency in selling the place I am in position to deny any further extensions and therefore you are expexted to comply by vacating the premises as soon as possible.

Since there is no lease outstanding, please be informed that this letter has been forwarded to the applicable office for the town of (City I am residing in) with a request to properly record the termination of any agreement.

In order to avoid any further actions, please contact me with a date and time in which the premises may be inspected and the keys to the same may be returned. Your move from the premises may not exceed the date of May 10, 2016. In advance, thank you for your cooperation.

Sincerely
(Home Owner)
--------------------

What I have in parenthesis, I replaced for anonymity. What I have in Bold has me questioning how a "Proper Official Notice" is done. I thought a first notice must be written and sent certified mail. Is this correct? How should I respond to this?

Me and my family are having a hard time finding a place to rent due to the fact of the breed of dogs we have. Even though we can insure them to put the homeowners mind at ease. As we are still desperately looking for a place to stay, I am also in the works of trying to buy a house, but the process is a little long, hence why we are trying to find a place to rent. We may have a place to rent, but won't be available until June 1, 2016.
Place the Pitbulls up for adoption...They are pits? Yes?


ETA: Px Hx
Yup. Pits.
https://forum.freeadvice.com/landlord-tenant-issues-42/threatening-evict-624292.html
 

tranquility

Senior Member
I think the issue is not so much the legality, but the fairness. I think we all agree the landlord (accepting the OP's version in detail) has not followed proper protocol to get an unlawful detainer (Eviction, whatever) on the OP. I think we also agree that once proper notice is completed, the process will probably progress quickly and the OP will be evicted. (Along with the inferences future landlords will make.) The reason why I think things will progress quickly is because the landlord seems to be trying to accommodate the OP's issues by acting casually rather than officially. While evictions tend to be legal exercises, when there are problems, the judge tend to deal with what is fair. I think we all know what is "fair" here.

The OP has a case to delay leaving. It's a winner too. But, does he really want the landlord to follow the jots and titles of the law? Man, that seems a fairly high expense for some time. Not an expense in damages, an expense on the ability to find other places to live. If I can't talk to the prior landlord, I don't rent to the person. If the person has an eviction in the last 7 years without a good explanation as to why and how things have changed, I don't rent to the person. Not gonna do it. Wouldn't be prudent.

I agree with the others it is time for the OP to seriously consider how to move in a short time. It seems like there is still some negotiation room with the landlord for time. It should cost extra. Perhaps the "extra" is assistance in showing the property. But negotiation is better than litigation. Especially when the OP is sure to lose the litigation.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top