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Florida REI

Your Resource for Florida & Broward County Real Estate Investors and Landlords

Termination of Tenancy

Week to week and month to month

These periodic tenancys automatically renew until either the landlord or the tenant issues a written notice of non-renewal to the other party.   For a weekly tenancy the notice must be provided seven days before the date in which the next week would begin.  For a monthly tenancy the notice of non-renewal must be provided fifteen (15) days before the last day of the monthly rental period.

Annual Tenancies 

Once an annual lease has been exuted by all parties,  the tenent is lawfully entitled to possession of the leased premises until the lease expires.  This right of possession may only be terminated early by a court order.

When the term of the tenancy is up, the tenant is expected to vacate.  If the tenant holds over after the expiration of the tenancy, the tenant is subject to eviction without further notice and is libale for double rent for each day the tenant remains in possession, plus attorneys fees and court costs.

The lease may, however, provide for a requirment that the tenant notify the landlord in advance (not more than 60 days). The landlord may assess a penalty of up to one month's rent for failure to provide notice.   In order to do this, the landlord must also give the tenant written notice of the requirment 15 days before the notice deadline.   The penalty applies whether or not the tenant vacates at the end of the lease or remains with the landlord's permission.  Florida Statutes §83.575.

Sale of leased premises

The sale of the leased premises does not affect the lease.  The tenant may live out the entire lease term

Foreclosure of Leased Premises

The foreclosure of the leased premises terminates the tenancy.  But Florida law ( §83.561) requires the buyer at the foreclosure sale to give the tenant a 30 day notice to move before applying to the foreclosure court for a writ of possession.  Keep an eye on the foreclosure case docket on the website for the Clerk of Court for your County.  If the buyer files a motion for a writ of possession without giving the 30 day notice, the tenant must immediately file a motion to quash  the writ of possession with the court. 

Breach of Lease

If the tenant is engaged in conduct that breaches the lease,  such as unauthorized occupants, or pets,  loud parties,  damage to the leased premises,  the landlord must give the tenant a 7 Day Notice to Cure.  Then if the breach is not cured in seven days,  or is repeated within one year,  the landlord may file an eviction.

If the landlord is breaching the lease, such as for failure to repair,  the tenant must give the landlord a 7 Day Notice to repair.  See Tenants/Repairs

Self Help

The only way a Florida landlord can legally remove a tenant is to get a court order.  The eviction order must be carried out by the county sheriff though the execution of a writ of possession (24 hour notice). 

Prohibited practices

If the landlord tries to remove the tenant by removing the locks, doors, interrupting the utilities,  or removing any lease amenity (such as cabel TV or internet) that is a "prohibited practice"  and a violation of Florida Statutes §83.67. This is not a crimminal offence,  but it is punishable by three months rent, attorneys fees, and court costs,  per incident

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