Legal Opinion

Rudich v. Porter

Orange County Court

Decided June 13, 1983No. Case No. CO83-1002Published

1Opinion of the Court

OPINION OF THE COURT

JAMES C. HAUSER, County Judge.

ORDER

THIS CAUSE came before this Court on the Defendant’s Motion to Dismiss the Plaintiffs Complaint for Eviction. The Defendant rents an apartment from the Plaintiff on a month-to-month basis, rent to be paid on the first day of each month. On December 20, 1982, the landlord served a notice on the tenant requiring him to vacate by January 5, 1983.

Florida Statute 83.57 states:

A tenancy without specific duration . . . may be terminated by either party giving written notice as follows:

*36(3) When the tenancy is from month to month, by giving not…

2Cases cited4 opinions

  1. Harry's Village, Inc. v. Egg Harbor TownshipSupreme Court of New Jersey · 1982
  2. Hawaiian Elec. Co., Inc. v. DeSantosHawaii Supreme Court · 1980
  3. Rosen v. WadeCivil Court of the City of New York · 1979
  4. Kent v. WoodDistrict Court of Appeal of Florida · 1970

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