Legal Question in Real Estate Law in Florida

Raising rent after lease expires

I have been told that after the lease ends the landlord can't raise rent until anniversary as lease period is ''implied'', i.e. move in in January so landlord can't raise rent until January the following year or another year thereafter.


Asked on 12/12/03, 11:00 am

3 Answers from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Raising rent after lease expires

What you were told is wrong. Read Scott R. Jay's e-mail again.

Read more
Answered on 12/15/03, 2:39 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Raising rent after lease expires

Once the lease expires, there is no limitation.

Read more
Answered on 12/12/03, 1:11 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Raising rent after lease expires

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then you are instructed to stop here, and do not read any further.

It is not correct. When your lease expires and you continue as a tenant with the landlord's permission, you are on a month to month tenancy. The landlord can raise the rent by providing notice 15 days prior to the date the next monthly payment is due.

If you stay without the landlord's permission, you are considered a holdover tenant and the landlord is entitled to collect double the normal monthly rent.

Please note that Miami Beach has passed an ordinance which may have increased this period to 30 days.

I strongly suggest that you consult with a real estate attorney in your area to review this and all other legal questions regarding this matter.

Scott R. Jay, Esq. 305-249-8000

Read more
Answered on 12/12/03, 1:20 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida