Lease expired landlord never brought new one

[pixeltwistr]

What is the name of your state? FL

Have been renting an apt in miami for just over a year now. In the past two months I have installed a brand new sink and plumbing in the bathroom as it was leaking and falling apart and the landlord never fixed it so I just did it my self. Last week my girlfrien who also lives in the apt fell through the shower wall as the entire wall behind the tile was rotted out. The landlord had to send someone to fix the shower. My lease ended last month. we paid the rent for this month and the landlord was suposed to bring us a new lease but he was out of town most of the month. He got back to town a couple of days ago and told me he wants the apartment back because he can get more money for it now that bathroom is fixed up so we need to move in 14 days.(He did not offer it to us for more rent just said he wanted the apt back now) rent is due to be paid again tomorrow. What are our rights here? We are not behind on rent we just never got the new lease because landlord never brought it. Is there anything we can do?
Thanks

 

[Hot Topic]

Once your lease expired, you automatically became a month to month tenant. The landlord has the right to give you notice to move; however, two weeks sounds a little too quick for me. I'm sure someone else will be able to confirm or refute the move timeframe.

 

[Hot Topic]

The move out timeframe is correct. Boy, that's a tough state! Below is information from Florida's Consumer Affairs Department:

When any tenancy created by an instrument in writing, the term of which is limited, has expired and the tenant holds over in the possession of said premises without renewing the lease by some further instrument in writing then such holding over shall be construed to be a tenancy at sufferance. The mere payment or acceptance of rent shall not be construed to be a renewal of the term, but if the holding over be continued with the written consent of the lessor then the tenancy shall become a tenancy at will under the provisions of this law.

 

[cvdesign]

Tough State

The move out timeframe is correct. Boy, that's a tough state!

Florida is one of the most biased states in the US - towards LLs, that is. Slowly, it is changing, though. Mainly due to the military (the military housing offices standing up for their servicemembers) and the orgs like the "Grey Panthers."

For one thing, the OP needs to understand that if they "hold over" the apartment by even a day, the LL is due twice the amount of the rent. I didn't believe it either, thinking that they would "pro-rate" it at market rates. But it is indeed, true.

Here in FL, more than anywhere, it's much better to be a LL than a tenant!!

 

[pixeltwistr]

ok but...

Wow this is really bad news but...does the fact that the landlord just walked up and said be out in two weeks count? Does it not have to be a written notice via certified mail to count? When the lease ended last month the landlord verbally said he intended to renew the lease as soon as he returned from out of town, our rent was $700, when the lease expired last month he said he would renew our lease for two more years if we agreed to pay $750 per month, we agreed and paid the $750 for the month of Aug. so since he asked for $750 and we gave it to him is he still entitled to double? And it was only when he came back from out of town and realized that the place basically had a new bathroom (thanks to me) that he decided he wanted it back because he can get more for it than the $750 he agreed to with us. Is there anything we can do here? I need to get the money together for a place this was totally unexpected.
Thanks Again

 

[treese]

does the fact that the landlord just walked up and said be out in two weeks count? Does it not have to be a written notice via certified mail to count?

Written notice is required, certified mailing is not.

When the lease ended last month the landlord verbally said he intended to renew the lease as soon as he returned from out of town, our rent was $700, when the lease expired last month he said he would renew our lease for two more years if we agreed to pay $750 per month, we agreed and paid the $750 for the month of Aug. so since he asked for $750 and we gave it to him is he still entitled to double?

A verbal agreement is worth the paper is is written on.

You did not have to pay the increase if proper written notice was not given. The fact that you willingly paid the increase without a new written lease means that you agreed to the increase only.

The LL is still entitled to double.

Is there anything we can do here?

Move. You can force the LL to give proper written notice, but you will eventually have to move. If you do not, the LL can start the eviction process.

 

[pixeltwistr]

how much time

Ok we realise we are going to have to move but we were not prepared for this as we thought we had an agreement with landlord so we need to get the money together. anyone know how much time we have between the time we get a written notice to vacate and actually HAVING to be out? worst case scenario?
Thank You

 

[ecmst12]

Looks like all they have to give you is 15 days. Better start packing now.

 

[treese]

anyone know how much time we have between the time we get a written notice to vacate and actually HAVING to be out?

15 days. If you do not move out per the notice, the LL can begin the eviction process.

If you want to sqeeze as much time as humanly possible, force an eviction. Keep in mind that you will be liable for the rent even though you are being evicted - you can't stay for free.

Being evicted will make finding a new rental harder as many LL's will not accept tenants that have prior evictions.

 

[Jewly]

I Agree

This reply is about the post that was "how are they getting away with this" I just wanted to tell you that I agree about what you said how everyone(alot of people anyway) replies to these posts in such a rude way. I think that if they dont like the post then they should move on to another one. But PLEASE leave the rude, sarcastic, comments to themselves. Have a good day pixeltwist.