Florida office space month-to-month lease

12 Replies

Hi Group,

If you are on a month to month lease for an office space and the lease requires a 30 day notice to end the tenancy, how does it work in Florida if said notice is given during the middle of a month?

Thanks.

It's generally effective from the 1st of the month, if provided prior to the 1st of the month.  ie. notice given now, terminates the lease as of 12/01-14, Not 11-16-14.

Do you mean it would terminate October 31st?

For example, notice given September 17th.  30 day notice required.  Last day would be October 31?

I take it the term month-to-month infers a calendar month?

I would review the terms of the lease for any additional information.  For Residential month to month leases the 30 days notice are from the date listed as your lease start Day.  It is highly advised to send this at least 30 days + 1 week in advance via Certified Mail to comply with the terms.  Most of the court cases I have tried recently are requiring additional time for giving notice, and are Not counting Saturday and Sunday as Work Week business days.

I know this method maybe a little dated but it is what the courts accept readily and if the Landlord does Not sign for the certified letter then you just send them a follow up email and use the Certified Mail receipt to indicate attempts were made to notify Landlord prior to 30 days of termination of lease.

Just noticed I added a month.  Would have been Oct 31.

30 days is 30 days. You can send your notice any time. The last month will just be pro-rated if the last day doesn't fall on the end of the month.

Originally posted by @Mike Giudici:

30 days is 30 days. You can send your notice any time. The last month will just be pro-rated if the last day doesn't fall on the end of the month.

 There is no provision in the lease for pro-rating.  The lease is month to month not day to day.

It doesn't matter. Using that logic, the language of the lease would require a 1 month notice to terminate the tenancy instead of a 30 day notice.

You could give your 30 day notice today and the lease would terminate at 11:59pm on 11/13/14.

Originally posted by @Mike Giudici:

It doesn't matter. Using that logic, the language of the lease would require a 1 month notice to terminate the tenancy instead of a 30 day notice.

You could give your 30 day notice today and the lease would terminate at 11:59pm on 11/13/14.

 Yes correct, the agreement in fact would terminate on 11/13.  However there is no provision in the agreement to refund any dollars.  According to the agreement, rent is due in full on the first of the month.  There are no other provisions for a refund.

If you send in your notice and the lease terminates mid month, you would only pay the pro-rated amount on the 1st. You wouldn't pay a full months worth up front and wait for a refund. 

In this scenario, the pro-rated amount would be the "rent in full".

I understand the lease does not have a section specifically addressing pro-rating, but that doesn't mean you couldn't do it. Legally you would not be in default of the lease as long as you gave proper notice, and any reasonable landlord wouldn't have problem with it. 

Doing things on the first and the last day of the month just makes lease administration and accounting easier.

I think maybe you are thinking of residential leases in Florida which have those kinds of rules around them.  Commercial leases are just business agreements, nothing more.  Any business agreement is just whatever the parties agree to.

Just trying to help. My background is 100% commercial, no residential.

Mike

Thanks Mike, I just can't find anything to support a requirement to pro-rate a business agreement / lease when its not laid out in the lease.  Are you quoting some kind of Florida law?  I've been trying to find but cannot.

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