What if you receive a 15 day notice to vacate on a month to month lease.. Is an eviction still required?

Jclaire
Other/Just Looking
Sebring, FL

Answers (3)
Mills Team
Agent
Sebring, FL

Assuming the 15 day notice to vacate is required as per lease agreement, if the tenant does not vacate, I would imagine it does require an eviction notice to have the tenant vacate.

Wed Aug 5 2009, 12:00
Phil Moody
Agent
Jacksonville, FL

If this is because the landlord is loosing the place because of foreclosure you may have additional rights.

New Renters’ Rights in Foreclosure

According to Consumer Action, renters must now be allowed to remain in their homes for the duration of their lease – even if the home is being foreclosed on. President Obama signed the Protecting Tenants at Foreclosure Act 2009 (S.896) into law on May 20.

The new law provides renters with a minimum of 90 days notice before a tenant must vacate a property. If a buyer plans to use the property as his primary home, or the tenant’s lease is month to month, or there is no lease at all, the tenant is entitled to at least 90 days notice.

If there is a lease, tenants will be allowed to stay for the duration of the lease before evictions can proceed. If a state offers greater protections to renters, the law allows the stronger protections to apply. These new renters’ rights also apply to Section 8 tenants.

The new tenant protections are effective immediately and expire December 31, 2012.

Best advice check with your county government. They have free legal aid most times.

Good luck,

Phil Moody
904-982-3373

Wed Aug 5 2009, 07:32
Don Tepper
Agent
Fairfax, VA
FIRST ANSWER

I'm not a lawyer, so this isn't legal advice. Further, the answer depends on the provisions of the lease itself. However . . .

On a month-to-month lease, either party can terminate on 30 days' notice (unless the lease provides otherwise). So, a 15 day notice to vacate wouldn't be the most appropriate way to handle matters--a 30 day notice by either party would be correct.

However, if the tenant isn't paying rent, then a "notice to pay or quit" would be appropriate. That might be done by the landlord to establish a record, especially if the tenant refused to vacate.

An eviction would not be required if both parties agreed that the tenant would depart. However, as noted above, if the tenant refused to move, then an eviction would be required.

Hope that answers your questions.

Wed Aug 5 2009, 06:09

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