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Residential lease terminations in Florida

| Nov 13, 2020 | Residential Real Estate |

Landlords and tenants usually have a written lease that contains vital information about all aspects of their agreement. Some of these terms have to do with lease termination, so it’s imperative for anyone involved in one of these leases to understand some specific points about them. 

One of the most important things for both sides to remember is that all notices relating to a termination of a residential lease must be written. There isn’t any room for verbal notices if someone is being told to move out of a residential property. Conversely, the lease agreement itself can be verbal if both parties agree to it.

When a lease is terminated by either party, the other one must be notified. Some leases contain specific terms, so if you’re entering into a lease with these terms, be sure that you understand how you can terminate the lease or how the landlord can. 

What termination time limits are present in Florida law?

In Florida, the laws state that there is a 15-day notice required if the individual is in a month-to-month situation. The notification period must end prior to the next rental period, so it can’t be given only a few days before the rent is due. If the tenant pays annually, there is a 60-day notice of termination requirement. 

What happens if a tenant remains in the home?

If a tenant opts to remain in a property after their rental term has expired, they can be charged double their normal rental amount. For this reason, tenants should review the lease to find out if it automatically renews at the end of the rental period or if the lease ends once it’s expired. 

Both parties in these cases should consult an attorney so their interests are protected. Terminating a lease can lead to many problems, so it’s best to know your rights and options as soon as you realize what’s going on. 

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