[RPPTL Leasing Committee] question

[RPPTL Real Estate Leasing Committee]

Hi Kris,

I think yes, while 15 days’ notice was provided, technically the Landlord’s notice should have directed them to vacate as of August 31 (not less than 15 days prior to the endo of any monthly period). This is all assuming that rent was due on the 1st of each month, as opposed to the 15th. If it was due the 15th, the notice was proper.

Even under 83.59, you have to first terminate the month to month tenancy before moving to evict. If rent was due on the 1st, I would re-notice to vacate Sept 30.

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Amanda R. Kison, Esq.
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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Wednesday, August 25, 2021 10:35 AM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] question

Just checking myself.  Residential lease ended January 31, 2021.  Tenant has not vacated.  On July 26, 2021, Landlord delivers notice to tenant that Landlord will not be renewing the Lease and that Tenant must vacate by August 15, 2021.

Should the notice have stated tenant must vacate by August 31, 2021 (delivered 15 days before the end of the monthly rental period)?

Or, can I rely on F.S. 83.59 that:

(1) If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit as provided in this section.
(2) A landlord…applying for the removal of a tenant, shall file in the county court of the county where the premises are situated a complaint…



Kristopher E. Fernandez, Esquire
Florida Bar Board Certified Real Estate Attorney
114 S. Fremont Avenue
Tampa, FL  33606
(813) 832-6340
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