Full question:
I have a roommate that is on a month to month contract with us. We pay rent on the 15th of the month. We've given him 26 days notice. (I read the laws and it said I must give 15 days on a month to month agreement) He's arguing that he can stay until the 15th of the next month. I say he needs to be out on the 14th. Paying rent on the 15th of a month carries us through to the 14th of the next month, then we pay for a new month on the 15th. Who's right? Should his last day be on the 14th or 15th of the month?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Florida
Answer:
If you give a 15-day notice for a month-to-month lease, the notice must be given by the last day of the month prior to the next rent due date. This means the tenant should vacate by the 14th of the month if rent is due on the 15th. Therefore, your roommate needs to move out by the 14th, not the 15th.
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