Do I need a notice to end a residential lease? -- Florida Laws

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Old Jun 27th, 2011, 08:05 AM   #1
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Confused Do I need a notice to end a residential lease? -- Florida Laws

Hello,

I have a house in Florida with some tenants inside.
Instead of a month to month lease, we signed a residential lease for one year ending on the 31st of august.
I do not wish to renew this lease as I plan to move in the house in september.
Do I have to give my tenants a notice for them to move out on the 31st of August or is it clear that they have to has we agreed and signed an ending date ?
Thanks for your help !
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Old Jun 27th, 2011, 10:04 AM   #2
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Default re: Do I need a notice to end a residential lease? -- Florida Laws

Yes you need to give them either a 30 or 60 day notice depending on FL laws
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Old Jun 27th, 2011, 07:22 PM   #3
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Default Re: Do I need a notice to end a residential lease? -- Florida Laws

I saw that in Florida you have to give a 60 days notice to your tenants when you have a year to year contract.
But that there is no notice required if you have a fixed term lease as the end of the lease is already decided at the beginning.
I got my lease from Office Depot and there was either "month to month" or "Residential Lease". I used the second one and it seems to be like a fixed term for me, but I would like to be sure as my deadline is in a few days if I have to give 60 days of notice.
Does this change anything ?

And what happens if I don't give the proper notice ? Is the lease renewed or does it become a month to month lease ?
Thanks for your help !
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Old Jun 27th, 2011, 07:27 PM   #4
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Default Re: Do I need a notice to end a residential lease? -- Florida Laws

Read your lease for terms and if it renews automatically. If you fail to give proper notice is can cost you a months rent at very least
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Old Jun 27th, 2011, 11:21 PM   #5
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Default Re: Do I need a notice to end a residential lease? -- Florida Laws

In general, residential tenancies end in one of the following ways:
  • by the landlord or the tenant giving notice
  • by the period of the tenancy coming to an end if it is a fixed-term tenancy
  • by the Tenancy Tribunal making a termination order
From the facts it is presumed that it is residential tenancy. If so, the tenancy will come to an end if it is fixed term tenancy (if the LL or tenant not giving any notice). A LL or Tenant can terminate the lease by providing the ‘notice period’ agreed by the parties. You may go through your lease agreement it will give the details as to notice period.
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Old Jun 28th, 2011, 02:11 PM   #6
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Default Re: Do I need a notice to end a residential lease? -- Florida Laws

Thanks for your answers !

unfortunately, it doesn't say anything about giving a notice on my lease. Here's what it says :

"Clause 4. Terms of tenancy
The rental will begin on __September 1st 2010__, and end on __August 31st 2011__, if tenants vacate before the term ends, tenants will be liable for the balance of the rent for the remainder of the term."

Nothing else about any notice or any renewal clause. Does it means this is a fixed term lease ?
If you have the answer for sure, that would be really helpful !
Thanks a lot.
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Old Jun 28th, 2011, 02:22 PM   #7
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Default Re: Do I need a notice to end a residential lease? -- Florida Laws

The only thing in the lease talking about a notice is as follow :

"Clause 24. Grounds for termination of the tenancy
The failure of tenant or tenant's guests or invitees to comply with any term of this agreement, or the misrepresentation of any material fact on tenant's rental application, is grounds for termination of the tenancy, with appropriate notice to the tenant and procedure as required by law."

But I think this notice is only required if there's a breach of the agreement right ?
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Old Jun 28th, 2011, 02:27 PM   #8
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Default Re: Do I need a notice to end a residential lease? -- Florida Laws

How is it that you are a landlord and have no clue what you should do? How is it you don't know what's in your lease and what's not?

Didn't you go over your state laws with your attorney before becoming a landlord?

A landlord should be keenly aware of each and every clause in his/her lease (rental agreement).

Further, a "year to year" lease is a also a fixed term lease. Both are the same.

You must give a 30 or 60 day notice so stop hanging around here arguing with the accurate answers you're receiving and give your tenant proper notice so the he/she will have ample time to secure another place to live.
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Old May 30th, 2013, 10:03 AM   #9
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Default Re: Do I need a notice to end a residential lease? -- Florida Laws

Quote:
Originally Posted by Unregistered View Post
How is it that you are a landlord and have no clue what you should do? How is it you don't know what's in your lease and what's not?

Didn't you go over your state laws with your attorney before becoming a landlord?

A landlord should be keenly aware of each and every clause in his/her lease (rental agreement).

Further, a "year to year" lease is a also a fixed term lease. Both are the same.

You must give a 30 or 60 day notice so stop hanging around here arguing with the accurate answers you're receiving and give your tenant proper notice so the he/she will have ample time to secure another place to live.
With self-appointed and hateful comments such as yours, people with problems/questions won't want to to seek help in this forum.

Lawyers are expensive and of varying abilities and expertise. Not everyone can afford them. Nor do all situations business or otherwise justify consulting an attorney. Contracts are inherently complex, imprecise, don't cover all situations and are subject to varying and unexpected interpretations. That's why judges exist and attorneys must argue their clients' cases.

Perhaps you should cut down on the caffeine. In any case you need to stop taking your anger out on people seeking help, while hiding behind an 'unregistered' posting.

I don't see clear cut answers posted yet to the questions being posed.

For whatever reason, FL statute PART II RESIDENTIAL TENANCIES (ss. 83.40-83.682) does not specifically cover lease renewal or lapse notice situations, particularly where the lease has no applicable renewal notice clause. However, both landlord and tenant can suffer personal and financial hardship without reasonable advance notice in writing.

Floridas' Landlord/Tenant Law offers the following, but provides no reference to specific statute verbiage. Obviously "what is sauce for the goose is sauce for the gander", that is, it applies to both the tenant and the landlord.


WHEN YOU DECIDE TO MOVE

* When you decide to move from the rental dwelling don't forget to give the
required notice! Be sure to check your lease agreement for the specific time
period that is required for appropriate notification to terminate the lease.

* If a specific time period is not included in your lease agreement, the table below
indicates an appropriate notification time period to provide written notice:

Payment Schedule Days of written notice required before contract termination
  • Weekly 7 days
  • Monthly 15 days
  • Quarterly 30 days
  • Yearly 60 days

* Send all correspondence relating to your intention to move to the landlord by certified mail (return receipt requested) or deliver it by hand and insist on a receipt.
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