Hi I live in Florida. I signed a year lease and it expired on Feb 28th. My landlord agreed to let me stay an additional 30 days which means my new lease 30 day extension will expire on March 31st. My new apartment wont be ready until April 8th & my landlord has someone all ready to move in on April 1st. I know for a fact this place wont be ready for someone by then (touch up painting, carpet cleaning, etc...). What will happen If I stay here until April 8th? Are there different laws for month to month lease vs yearly lease in regards to the eviction process...please help!
Posted 30 March 2014 - 09:25 AM
Eviction is eviction. It goes through the court. If you become a holdover tenant after April 1, your landlord will file for eviction in court. Not only that, if he loses his new tenant, he'll sue you for lost rent.
The eviction and the lawsuit will go on your credit report. It will also subject you to wage garnishment and bank account attachment.
The consequences of staying beyond April 1 could be disastrous to you and years from now you'll whine about what your bad credit is doing to you.
I suggest you find yourself a temporary place to live and put your stuff in storage if you have to.
Otherwise, be willing to accept the consequences of not leaving.
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.
Posted 31 March 2014 - 09:13 AM
Hi I live in Florida. I signed a year lease and it expired on Feb 28th. My landlord agreed to let me stay an additional 30 days which means my new lease 30 day extension will expire on March 31st.
Thirty days after February 28 was March 30, not March 31.
What will happen If I stay here until April 8th?
Only your landlord can tell you what he will do if you fail to vacate your apartment in a timely manner. Obviously, he can start eviction proceedings. If you move out before the eviction can go through, then he'll be left to sue you for eight days worth of rent and for indemnity for damages to the other tenant who was unable to move in because you failed to move out. One would assume your landlord will withhold from your security deposit for these purposes. However, if the security deposit is insufficient, then you probably can expect to get sued. You can also expect a negative report on your credit.
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