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#1 tlperf

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Posted 31 December 2012 - 04:25 AM

I am looking to move soon, and I'm not sure i have a lease or not, or if i owe any money. My lease was suppose to be for 6 months only. I was gonna go month to month my lease was suppose to be up on 12/31/12. The manager at the time put 2013 instead of 2012 but it states that i owe 3450. for 6/1/12 to 12/31/13 in monthly installments of 575. a month. Then 2 paragraphs down it states that the rental for the apt is for six month's I guess what i want to know can they hold me in a lease till 12/13 and what do i owe them if anything. I plan to go month to month if this lease is not valid for the period of time stated.

#2 adjusterjack

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Posted 31 December 2012 - 07:28 AM

When there is a conflict in the lease between the dates and the duration, a judge will look at several factors to determine where the mistake is. In this case you have two things in your favor. 6 x 575 = 3450 and the lease specifies 6 months. That's two specific items in favor of 6 months and it would be almost a slam dunk that a judge would rule that the 12/31/13 date is an error and you have a 6 month lease that expires 12/31/12.

You can certainly go month to month if you like but understand that the LL can insist that you sign a new lease or he can substantially raise your rent or terminate the rental with proper notice (typically one month prior to the next rent due date.

If you want to keep under the radar I suggest you not mention your plans to the LL until it's time to give your notice (also typically one month prior to the next rental due date).

Check your state laws for the exact notice requirements.

You can find a link to your state's landlord tenant statutes at:

http://realestate.fi...e-by-state.html

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 Guest_FindLaw_Amir_*

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Posted 31 December 2012 - 10:55 AM

What state is this matter concerning? To learn more about this subject matter, you may visit the Real Estate Law Center and read Landlord-Tenant Law as a good resource.

#4 tlperf

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Posted 31 December 2012 - 08:09 PM

thank you for the answers and it is in the state of Florida

#5 adjusterjack

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Posted 31 December 2012 - 08:40 PM

thank you for the answers and it is in the state of Florida


That makes it easier on you.

Florida statute 83.57 (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.

That means if you want to move out January 31 you need only give at least 15 days written notice.

http://www.leg.state...ns/0083.57.html

I suggest you become familiar with the entire statute:

http://www.leg.state...tentsIndex.html

As long as you are a renter, you need to be educated about your rights and obligations.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#6 tlperf

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Posted 09 January 2013 - 08:59 AM

what happens when you have no lease, it is the 9th of the month and he is now comeing to you with a month to month lease the day after you told him you were moving by the 18th of the month. I have a 200. deposit and for the 18 days at 625. i owe him 380. but don't have it. He threated to call my new landlord




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