QUESTION

What are legal rights as a tenant under Florida law?

Asked on Nov 07th, 2025 on Landlord and Tenant Law - Florida
More details to this question:
I’m seeking legal advice regarding a possible illegal eviction and tenant rights issue in Broward County. My partner and I rent a private home month-to-month without a written lease. We notified the landlord on November 6 that we plan to move out on November 22, and we agreed to pay his requested $1,100 prorated rent for the remaining two weeks. After we requested receipts for our previous payments, he retaliated by telling us we must vacate by November 9 at 3 PM and threatened to tow our car if we did not leave. We have text messages and a police report documenting these threats. Could you please advise on: • Our rights as tenants under Florida law, • Whether the landlord can legally shorten our move-out notice or remove us without a court order, and • What immediate steps we can take to protect ourselves and our property. Thank you for your time I can provide all supporting documentation upon request.
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
If you paid the rent in full for November then the LL cannot terminate the tenancy early. Florida law doe snot recognize a prorated or per diem rent on a month to month tenancy. If you paid less than the full rent, absent written or credible evidence of an agreement for less than the full month, the landlord would be entitled to serve a 3 day notice and sue for eviction on the 4th day. Your facts seem to suggest that you did not pay rent on the 1st when due, then on the 6th claim some agreement was made to pay for the REMAINING 2 weeks, with a vacation date of the 22nd. Then, we are expected to beleive that arbitrarily the LL demanded that you vacate 3 days later on the 9th? That sounds a lot like a 3 day notice for nonpayment of rent. As to actually towing your car, the landlord is not allowed to do that unless or until you are dispossed of the property legally such as an eviction, absent you parking the vehicle illegaly or without permission. That you called the police on the landlord makes clear there is much more to this issue than related as LL/T interaction does not degrade from courtesy agreements to pro-rate your rent to police being called in a matter of days without something happening. That "something" is likely a critical factor in who is entitled or obligated to do what. 
Answered on Nov 18th, 2025 at 8:00 AM

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