Most landlords enter into one year written leases with tenants. The rental period created is one year. At the end of one year, the lease will expire. At that point, the landlord can decide if he or she would like to renew the Florida lease with the current tenant or rent to someone else. Like other types of tenancies, it is the duration of the rental period that determines the type of tenancy created.
Example 1: Larry, wants to enter into a one year lease with Ted. Larry and Ted sign a Florida one year lease creating a rental period of one year. The lease expires after one year. If Larry or Ted wants to terminate the lease prior to the one year expiring, they need to look to the terms of the lease and Landlord should use a Florida lease termination agreement. Unless the parties mutually agree to terminate the lease, they are stuck with each other until the lease expires.
Example 2: Larry wants to enter into a month to month lease with Tina, the Tenant. Larry and Tina sign a month to month lease creating a rental period of one month. At the end of each month, the lease automatically renews until either party decides to end the month to month using a Florida fifteen day notice.
Example 3: Larry has an empty apartment and his newly divorced friend, Ted needs a place to live. Ted moves in and pays his monthly rent. No written agreement was ever signed by the parties. Since there is no written agreement, the parties have created an oral month to month tenancy. At the end of each month, the lease automatically renews until either party decides to end the month to month agreement using a Florida fifteen day notice.
Because the rental period is relatively short and automatically renews on the first of the month, move out day should always be strictly obeyed. Otherwise, the landlord risks being caught in another rental period once the first of the month rolls around.
Example 4.1: Larry enters into a written month to month agreement with Ted. Rent is due on the 1st of each month. Ted wants to move out because he has found a better deal elsewhere. Ted gives Larry a Florida fifteen day notice on April 10.Trevor must move out on or before April 30, otherwise he risks owing Larry for May’s rent.
Example 4.2: Ted’s new place isn’t ready on time, so he officially moves out on May 5. Even though it was by only 5 days, the rental period renewed automatically on the 1st of May, and Ted was still in possession of the rental property until May 5. Ted owes Larry rent for May.
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