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.
2 Answers from Attorneys
No. He will be a holdover and you can evict.
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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