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So thanks to the help of Myfico I am in the process of buying my first home. I am supposed to close on my home the end of this month, I am currently renting and my 2 year lease ended 2/28/10, my landlord said I can give him 30 days notice when I am ready to move. Here is my question Can I give 30 days notice from tomorrow 3/12 to 4/11 or do I have to wait and give it on 3/16 to 4/15? The reason I ask is because florida law says:
"When the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period; "
So does this mean in order to get back my security deposit I can't end my lease until 4/15? I am so confused and I don't want to lose my security deposit as I don't trust this Landlord.
When I have moved, the 30 days had to end the day before the next months rent. If I wanted to start my new lease on 1 Apr, notice had to be given NLT 2 March.
I have not seen where you can end a lease in the middle of the month.
I am a little confused because you say your lease ended on 2/28/10. Your month to month should have started 1 March 10. Where are you getting the 11th or the 15th.
I agree with Justin.
Your notice due by 3/16/2010 is only your stated intent under terms of your lease to vacate within 30-days. So you have promised to vacate by 4/16/10. But that only serves your notice requirement, not your final action. That notice is to give them time to re-rent. A courtesy to them. It does not directly address your financial obligation.
When your rent becomes due on 4/1/2010, you are still a resident, and thus are obligated to pay a full month, but are permitted to move out as of 4/16/10 without penalty, and apparently with return of your security deposit.
But you have paid all of April rent. How that will be handled in any reimbursement to you for the period from April 16th until April 30th should be covered under another term of your rental agreement. What does your lease say about reimbursement of any pre-paid rent after vacancy of the property? This is separate from your release from future obligations under the rental agreement.
In the worst case, this is how I see it. You deliver a 30-day notice by 3/16/2010.
YOu must must pay a full month's rent on 4/1/2010.
Then the financial department takes over. You want, and are probably entiled to, a return of your full secutity depost.
But that is only a part of their final financicial settlement with you, which will be offered as one package, and maybe months from now. If you contest pro-ration and return to you of rent that you paid for the period of April 16-30th, after you moved out, that will go to their legal department for review of the terms of your lease.
It may be months before they settle with themselves, and with you.
I would not expect any prompt return of security deposit or any requested proration of unnoccupied rent.
I would call my state/county tenant/landlord commission.
It is their job to administer the regs... the best source for definitive answers.