Miami Beach 411
Like what you see? Let's talk about how
we can help your vacation --> Contact Us
Results 1 to 4 of 4
  1. #1
    Preferred Member laurab's Avatar
    Join Date
    Aug 2009
    Location
    Miami Shores, FL
    Posts
    344
    Likes Received
    32

    Default 30 day notice to vacate?

    Hello! I have a question regarding giving a notice to vacate my apartment. Our 6 month lease is up and has been for a month. We found a new place we like better and want to move in before 30 days. Our lease does not say anything about us having to give 30 day notice to vacate, but in some states, such as CA even if it does not specify on the lease it is in the tenent-landlord legal code that 30 days must be given or your deposit is at risk. I thought the deposit was more for damage and we will leave this apat in the same condition as we found it.

    Does anyone know if deposits can be retained here in FL if the tenent does not give 30 day notice after the lease term has been met?

    THanks!

  2. #2
    Preferred Member laurab's Avatar
    Join Date
    Aug 2009
    Location
    Miami Shores, FL
    Posts
    344
    Likes Received
    32

    Default

    Just looked up an old thread regarding this. So, I assume (is this a good assumption?) that I would be okay to give 15 day notice. This would, legally anyway, fullfill my obligations as a tenent. Right?

    Who knows if this apart company will make me fight for my deposit anyway, but that is a different branch of this dumpy tree.




    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.
    Last edited by laurab; 09-07-2010 at 09:50 PM.

  3. #3
    Moderator
    Join Date
    Jun 2008
    Location
    South Beach
    Posts
    10,353
    Likes Received
    698

    Default

    Honestly, Florida is so corrupt, just talk to your landlord and see what they say. If I remember, you are pregnant, so while you can throw around legal statements about 15 days, if your landlord decides 30 do you really want to go to court to fight over your deposit at the time you want a peaceful life?!

  4. #4
    Junior Member
    Join Date
    Aug 2010
    Location
    Miami Beach
    Posts
    27
    Likes Received
    0

    Default Re: 30 day notice to vacate?

    I think it's called a tenancy at will and you have to give 15 days notice. BUT definately, go and speak to them. Always give your notice in writing and if emailing try and get them to reply ackowledging they received the notice.

    The landlord then has 15 days to return your deposit IF they are not making a claim on any of it...if they ARE making a claim, they have thirty days to do so and you have 15 days to file an objection.

    Hope this helps

    Shelly
    Last edited by TheShellyStory; 09-08-2010 at 10:21 PM. Reason: speliing

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •