Jacksonville, FL asked in Landlord - Tenant for Florida

Q: Can a landlord create a lease stating tenant has to automatically move out for failure to pay rent without being evicted

I’m a new private landlord in Florida and I have a tenant who wants to be on a month to month lease, would I be able to include something in the lease about if rent is not paid on time and after being served a notice they have to automatically leave the property even without an eviction notice.

Related Topics:
1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Landlord Tenant Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: Your question has answered itself.

You said that if the tenant does not pay the rent you would "give him notice."

Geat, because that notice is the eviction notice, which requires the tenant to be out within 15 days.

But no notice by itself can evict any tenant.

If they do not leave after the time elapses, you may have to go to court to get them out.

If I was your lawyer I would advise you to make the tenant give you rent for the first month and the last month, just so you have 30 days of their money to use to evict them.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.