Legal Question in Landlord & Tenant Law in Florida

I have a tenant who does not want to move out but his lease expires the end of this month. He has said I didn't give him any notice the lease was expiring. Am I obligated to give him a month to month lease for a couple of months to give him time to move? He has already threatened to take me to court and he'll stay there anyways for the next 3 months.

Asked on 4/23/13, 7:30 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

No. He will be a holdover and you can evict.

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Answered on 4/23/13, 7:52 am

Barry Stein De Cardenas, Freixas, Stein & Zachary

A month to month tenant needs to get notice of 15 days of termination. If you have a written lease that provides for a specific ending then he is a holdover as Mr. Slater points out. Either way you have to give appropriate statutory notice and then you can file for eviction and provide a 5 days summons and the process is expedited and should not last 3 months.

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Answered on 4/23/13, 8:10 am

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