When should notice to vacate begin?

[Miss Critter]

I won't demand certified mail or anything like that. A phone call or email is fine. What I'm saying is that I think she would prefer to have us here as long as possible, which would mean waiting on loan approval. I'm just wondering if that decision is entirely at her discretion.

 

[traderx]

I won't demand certified mail or anything like that. A phone call or email is fine. What I'm saying is that I think she would prefer to have us here as long as possible, which would mean waiting on loan approval. I'm just wondering if that decision is entirely at her discretion.

The decision is at her discretion or your discretion for that matter. If you previously had a lease that expired and is now month-to-month, Florida statute requires at least a 15 day written notice. Are you in touch with the buyer?

 

[passin thru]

.... when does the clock start ticking on the 30 days?

The clock starts when one of the parties actually gives notice. Notice isn't given by an act of the lender or of the buyer, but by one of the parties to your lease agreement, i.e., you or the landlord.

And, if by "standard" lease you mean that you're in a month-to-month written lease, or a month-to-month holdover situation after the expiration of a written lease, then your written lease defines what constitutes adequate notice .... neither party needs now to decide whether e-mail or a phone call is sufficient, for example.

And, your lease I bet sets no boundaries or limits for one of the parties giving 30 days' notice .... it can likely be given at any time, with no reason or justification needed.

Read your lease. If there is/was no written lease, move out ASAP.

 

[Matt J]

Once the buyer actually owns the home then they can give you notice. That would require a closing.

Regardless since some people are eggheaded morons, do you have a video camera? That's just in case they decide to start moving things out for you in place of a notice it'll go a long way for your lawsuit. I'm serious, apparently this has happened a couple of times over in PC/PCB.

 

[Miss Critter]

Once the buyer actually owns the home then they can give you notice. That would require a closing.

Regardless since some people are eggheaded morons, do you have a video camera? That's just in case they decide to start moving things out for you in place of a notice it'll go a long way for your lawsuit. I'm serious, apparently this has happened a couple of times over in PC/PCB.

 

[Smiling JOe]

I have a standard lease, currently month to month, that says 30 days notice by either party. That's not the sticking point. My point is when does the clock start ticking on the 30 days? If it starts once the offer is accepted, it still may be well over 30 days before the deal closes, if it closes at all. If it starts once financing is approved, then that's a more likely scenario for an actual closing to take place. I realize that even though it's a short sale, the bank is not the owner. Could the owner, at her discretion, decide that the 30 days notice begins at loan approval?

Thank you to all for your advice.

I'm not a lawyer and don't pretend to be one. My basic understanding of rentals is as follows. (seriously, you can find landlord tenant laws online about giving notice. Go right to the source.) If your lease does indeed call for 30 day notice, that begins whenever your landlord (not the bank, unless it is now bank owned) gives you notice. Your rental agreement is separate from and not related to the sale. The only thing the sale would do is give you a new landlord, who may change the terms of the contract once it expires.

 

[Smiling JOe]

The decision is at her discretion or your discretion for that matter. If you previously had a lease that expired and is now month-to-month, Florida statute requires at least a 15 day written notice. Are you in touch with the buyer?

Yes, but a rental agreement may call for more days notice, and over-ride the 15 day written notice. If her contract calls for 30 day notice, that should over-ride the State minimum (I think, but again, I'm not a lawyer).

Also, it is my understanding that regardless, the new buyer would have to follow the terms of any existing contract (lease agreement), so unless her contract for sale and purchase calls for your current landlord to give notice to the tenant(you), your current landlord wouldn't have to give you notice at all, and may elect to pass along your existing lease agreement to the new buyer. (by the way, if you are renting in south Walton and you are in a month to month, I believe bed taxes are due on your rental, since it is technically less than a 6 month lease, so you might want to keep the details on the downlow).

 

[Paige]

In most states, once notice is given and the notice tiime runs, there still must be a court hearing to remove a tenant from a dwelling.

 

[scooterbug44]

Why?

In my world, if you have a lease that states you get "x" days of notice to move out, that means "x" days after your landlord gives you notice you have to be gone.

And if you aren't gone by that mutually agreed upon deadline, they can then have the po-po forcibly remove you.

 

[Smiling JOe]

and it can take up to a year for the po-po to remove you. You have to go through the legal process of eviction. You cannot just change the locks and throw the tenants stuff to the curb.