If you are a Florida landlord or a tenant, it is important that you understand your rights and obligations when it comes to lease renewals and terminating tenancies without specific terms. The state of Florida has specific laws in place that dictate how landlords and tenants must handle lease renewals and terminations. In this article, we will discuss the basics of Florida lease renewal laws, including who has the right to terminate a lease agreement, how much notice must be given before a renewal deadline, and more!
Terminating a Tenancy without Specific Lease Terms
In the state of Florida, tenancies without specific terms can be terminated either by the landlord or the tenant. Either party must give written notice to terminate the agreement. The amount of notice required depends on how often the tenant pays rent. For example, if there was an annual lease that expired and it wasn’t renewed, the tenants become month-to-month tenants because they pay rent monthly. If they pay yearly they will be in a year-to-year tenancy. The tenancy doesn’t have a specific ending because it’s automatically renewed every pay period. Florida Statutes Chapter 83 Landlord and Tenant
The term of the tenancy is determined by how often the tenant pays rent.
The Notices required to terminate a lease without specific lease terms are as follows:
- Week-to-Week tenancy requires a minimum of Seven Days (7)
- Month-to-Month tenancy requires a minimum of Fifteen Days (15)
- Quarter-to-Quarter requires a minimum of Thirty Days (30)
- Year-to-Year requires a minimum of Sixty Days (60)
Ending a Tenancy with Lease Terms
In Florida, a tenancy that has specific lease terms can only be terminated by the landlord or tenant if there is a breach of those specific terms or when the lease expires. If the lease requires it either party must provide written notice to the other party before terminating the agreement. The amount of time required for this notice depends on what was specifically stated in the lease.
In Florida, the lease doesn’t automatically renew, so when the term of the lease is up it’s up unless both parties agree to sign a new lease. If one party wants to stay and the other wants to leave, then they can give their notice and end the tenancy.
The notice should not be more than Sixty Days (60).
If the tenant fails to give notice, the landlord can charge liquidated damages (actual but maybe unprovable damages.) In order to be able to charge liquidated damages, the landlord has to deliver a written notice to the tenant 15 days before the start of the notification period, reminding the tenants of their obligation and listing all fees and charges if the termination notice is not delivered as per the lease terms.
For example, Stan, the tenant, leaves at the end of his lease without giving notice. The lease states that written notice must be given before the expiration of the lease if the tenant plans to move out. John, the landlord, gives Stan a notice of 75 days (15 days for the notice plus the required 60 days) before the expiration of the lease reminding Stan that if he leaves without giving notice he will be charged $2,000 as liquidated damages.
If the tenant fails to give notice but remains on the property with the permission of the landlord, the landlord is entitled to an additional one month’s rent.
Can a Landlord Refuse to Renew a Lease?
Yes, a landlord can refuse to renew a lease but must provide the tenant with proper notice as required by the lease.
What Happens After the Lease Expires and the Tenant Remains?
If a tenant remains after the lease expiration without permission from the landlord, the landlord can start an eviction process after giving the proper Florida Eviction Notices.
If the landlord accepts payment from the tenant, then the tenancy becomes at will and the tenant has to be given the proper notice required for tenancies without specific terms.
For example, Stan, the tenant remains in the rental property after the termination of the lease. He sends John a check for the next month’s rent, John deposits the check. If John wants Stan out of the property, he needs to deliver a 15 Day Notice to terminate the tenancy.
The Florida tenancy termination laws are designed to protect both landlords and tenants. It is important to understand these laws before signing a lease agreement. If you have any questions, be sure to consult with an experienced attorney.
Thank you for reading! We hope this article was helpful in understanding the Florida lease renewal laws.
