Legal Question in Landlord & Tenant Law in Florida

Expiration of lease

hello - i have a tenant that I inherited from the purchase of a property in June of 2006. This tenants lease expired on 1/31/07. I have not offered the tenant a new lease as they gave me a verbal notification that they planned to move by the end of February. The have not and I would like to evict the tenant on the bases of expiration of lease. According to the eviction forms I should give notice....what kind of notice is needed...3 day - 7 day - 15 day?? Please advise

Asked on 4/17/07, 6:58 pm

2 Answers from Attorneys

Thomas Rosenblum Rosenblum Law Offices

Re: Expiration of lease

Hello: I read your question and saw there was a response, but wanted to give you a source in North Fla. should you need it. Your situation is a fairly simple one. Since the written lease expired, the tenancy would be based on the payment frequency...that is...if tenant is paying monthly, you have a month to month tenancy. To terminate, I believe you must provide written notice more than 15 days before the end of the prior month (before the target date). I have not looked at the statute for that. If you are industrious, search on-line for Florida Statutes, then go to chap. 83 and read on down until you see "termination" of lease/tenancy.

Make sure I'm stating the right time frame above. Often, the person will move out on their own after getting the notice. If the person won't move out, you will need to file an eviction. If you would like legal assistance, let me know. Good luck. Tom Rosenblum

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Answered on 4/18/07, 9:30 am

David Slater David P. Slater, Esq.

Re: Expiration of lease

FS 83 deals with month to month tenants.

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Answered on 4/17/07, 9:12 pm

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