landlord/tenant i have a month to month lease and was just given a 15 dy…

i have a month to month lease and was just given a 15 dy termination notice. my landlord had first, last AND security.and my lease says he must give me thirty days notice. which supercedes? the statute or the lease?

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  1. Re: landlord/tenant
    NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney’s individualized advice for you. By reading the “Response” to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

    A written lease between the parties which grants you a period of thirty days for notice to terminate the tenancy would be controlling over Florida Statutes. Florida Statute 83.57 states in part:

    83.57 Termination of tenancy without specific term. —

    A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:

    “(3) When the tenancy is from month to month, by giving not less than 15
    days’ notice prior to the end of any monthly period; and …”

    Your landlord must comply with that notice which must be given at least thirty days prior to the next monthly rent being due. In other words, it cannot be given in the middle of a rental term (month).

    Scott R. Jay, Esq.

    Scott R. Jay, Esq.

    Scott R. Jay
    Law Offices of Scott R. Jay
    1575 Northeast 205th Street
    Miami, FL 33179-2133

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