Notice of lease termination

[Tabitha Lovett]

A notice of lease termination letter was sent to me because my daughter got into a fight. On the letter it states that I can dispute the termination by sending a letter or setting up a meeting. Wheni called to see who I needed to set up the meeting with , they had no clue abs said they would get back with me in 2 days. 2 days later, no information was giving. Since the fight my daughter go get own place. Can I win the case if I let it go to court? From the date they gave me to move, I would only have 3 months lefton lease. I just want to stay till my leaseup then I was planning to move anyhow. Should I just move before the date they gave me or go to court. I don't want it be be on my record as an eviction so that's why I'm asking? Do I have a good chance?

[Jeff Copeland]

You haven't provided enough detail to give you a detailed answer. 

In any case, this will depend on your state's landlord-tenant laws, and the details of your situation (for example, is this the first and only notice you have received? Or is this a final notice of termination after you received multiple warnings?). It will also depend heavily on the language in your lease.

So, first and foremost, my advice is to speak with an attorney in your state who specializes in landlord-tenant cases, and have them review your lease, the notice you received, and your overall situation. 

That being said, in my experience (in Florida), the landlord probably cannot just summarily terminate your lease over a single incident. They would need to give you a notice with opportunity to cure (basically meaning your first letter should state "We are putting you on notice that we will not tolerate [fighting or whatever]. You have X number of days to correct this, and if it happens again, we may terminate your lease". 

If you do leave, keep in mind a mutual early termination of your lease is not the same thing as an eviction. Insist on a written early termination agreement that outlines the agreement you make with the landlord.

Finally, I strongly recommend you put any and all communication with your landlord/property manager in writing. Avoid phone calls whenever possible. If this does end up in court, a clear paper trail will be immensely helpful.