Florida LL terminating month to month

[Leonhard]

LL has given us 15 day notice on a month to month, when asked why, said another tenent wouldn't sign their annual lease. Talked with neighbour, and they've been off lease eg month to month and haven't been offered to resign. We have lived at residence for 11 years this month, never missed a payment nor late, kept property in good condition and are friends with everyone in the HOA. The HOA rejects said eviction, but are powerless to stop this action. Claiming FS 83.64 and I agree. Also in > 12 violations of FS 83.51, some for the entire duration. Have been forced to do my own repairs. Have done weeks worth of research on this subject and additionally know the business from the LL/Owner side of things (another state).
6 years ago said LL did the same thing and I sought counsel. Attorney knew LL and would represent us if he filed for eviction ie notice posted. I had a talk with LL about the issue and simply stated, Thou shalt not bare false witness upon thy neighbour yadda yada yada. He doesn't remember. sigh. I cannot get to Atty contact info as it's on a computer in disrepair.
In 2003 forced us to get rid of my wifes car which had just broke down, stating it cannot be on property without tags (just transfered to new car) gave 3 days to correct or he'd have towed by the most expensive around and if we didn't pay the bill attached to the rent would be evicted in three days. We gave it away to ward off his threats. Another neighbour has has had a car, same situation, parked there for 2+ years now and LL refuses todo anything. After that I discussed these unknown rules which have never been part of any tenants lease with homeowners and the then HOA VP. The HOA rules which we do obey, are not part of any legal agreement with tenants. Because I have worked for the association with enforcement of rules, I do discuss all things prevalent with members of the association, always have. During the last 5 months have not had any contact with LL despite the issues and complaints. During this time homeowners have been taking care of the issues we have with a specific tenant e.g. trashing yard(s), blocking driveway constantly (90% of the problem), driving/parking in/across lawns, breaking irrigation system, etc) all complaint made by other members of the HOA board and other homeowners (ex HOA VP). LL has also refused to give reference so we can move. Another tidbit, our 20 year old son has Cerebral Palsy and is total dependant care, which is my full time job, too big for mom.

Oddly dispite headaches, we really like where we live, if only not for the constantly blocked driveway and Bully LL we'd be fine.
Help?

[Friend In Court]

You didn't state what city/town you live in in Florida, but surely there must be another lawyer to aid if you cannot locate the one you had. On a month to month 15 days' notice is in violation of the statute, as you are aware.

Since your LL is a bully, the only way to deal with him is with a tougher bully -- a lawyer. Who can keep you in the house and run him through the courts for long enough to make him think twice.

That is my recommendation.

[AFFA]

I wish to inform you that in Florida the landlord must give you a notice to vacate at least 15 days prior to the end of the rental period. If it is given later than that then it will carry over to the next month and you can pay the rent for the month and continue to stay for the month. If you do not vacate at the end of the notice period, then you can be served an eviction notice by the landlord.

AFF

[goddessoflubboc]

Originally Posted by Friend In Court On a month to month 15 days' notice is in violation of the statute, as you are aware..

Actually 15 days is proper notice on a month to month in Florida.

OP - regardless of what has come before, your situation with the HOA, etc., none of that matters. Your LL has the right to terminate the lease, for whatever reason. They are neither obligated nor legally required to allow you to remain living there, even if you are the best tenant ever.

Hopefully you've been looking for a new place and packing, you need to move.

[Leonhard]

He gave notice today, giving >15 days. Bradenton
GoddessofL, I have heard both sides of the coin from Atty's. Previous atty had delt with said LL and wanted to bury him for being a slumlord. Had always beat him in court. Also if I answer the summons to evict, the LL must still give good cause for the action, if I'm not mistaken. Thus far all responses as to why have been verified as lies. We are not part of the HOA, so the HOA is not at fault, at least not directly. LL and his daughter, the broker own/ run the property management company. She administrates the HOA and everything else, the LL, her father has given the task of being both incharge of HOA and LL responsibilities. We as tenants were the last to know, as this change occurred last year sometime. Discovered this fact when having issue with neighbour whom constantly blocks the driveway, trash across yards etc. Broker refuses to enforce the rules as acting LL, her father backs this action regardless of what the HOA demands. When the snowbirds leave it's a free for all, place goes to crap until the next fall just prior to them returning. Guess what, they just left last Saturday and Sunday the driveway blockers were back to their old tricks...

[Leonhard]

Some of the homeowners have had myself keep an eye on their property, for they don't enforce the rules, if a bear pOOps in the woods,.. to them it doesn't stink. I am still going to do my requested function. So if the PM think they just got rid of me, WRONG. I will still have tenants/their guests towed/fined/ticketed and constantly updated with HOA rule infractions. Funny in two- three days the annual HOA meeting takes place, Oh the LL and the Broker are going to get slammed bad for their recient actions (not just our pending eviction). A much bigger story unfolds

[Friend In Court]

It would seem the wisest thing to do is hire the attorney who has always beaten him in court, would it not?

[Leonhard]

Also, yes we're packing etc... problem is the LL has already refused to give us references, which means no place to go. Also illegal

But now will give us references if we move by March31. Which I believe is called extortion in certain circles.

FiC, yes, problem is that info is on an old computer that is in disrepair, and cannot for the life of me remember his name

[sandyclaus]

The LL has given you proper legal notice to move.

They are not required by law to provide references. Even if they don't, it doesn't negate the fact that you would still need to move by the end of the 15 days or face the possibility of being evicted through the courts. (Trust me, if you're already having trouble now, an eviction on your rental history will make it even more difficult to find a new place.)

It sounds to me like there is a significant personality conflict between you and the LL. All that being said, however, the LL doesn't have to have any particular reason or cause for telling you to leave. They could say that the sky was green, and even if you disagreed, it wouldn't change things.

IMHO, if you are that unhappy living there and dealing with the HOA, and they are unhappy with you butting into their HOA business, it's probably a good thing for you to move on anyway. Less animosity and stress. You have enough to deal with on your own than to add this to the mix of daily stressors.

[Leonhard]

it was several other RE brokers in the area that distinctly said that they are required by law to give references and then proceeded to push the subject as to whom was doing this. My significant other was in charge of HR and giving references was a state requirement.

We are packing, etc, the plan to move is afoot.