Q: Lease extension in FL
Florida: I have signed a renewal lease with my tenants for 6 months, ending in May2023. The condo is in HOA and they implemented rules, as follows: "No lease shall be for a period of less than six months. Units shall not be released more than once in any six-month period and rented once a year."
I want to keep the tenants, unsure if HOA accepts another renewal in June2023 ? Please advise if the above restricts me from another renewal and I should do a lease addendum/extension? If extension, can I increase rent in the extended lease period? Are there templates for lease addendum? Thank you
A:
That's impossible for any lawyer to answer without actually reading the whole document themselves. There could be other language that affects the meaning of this provision, including the definition of "released" and "rented." If you are going to be a landlord you need to have a lawyer on retainer for these questions -- it's part of the costs doing business and your rent should consider these costs.
Generally, and this should not be relied on as a concrete answer, it appears you could renew the lease for a new period in June but if you do not rent for more than six months you will not be able to rent again when the June lease expires.
You also need to be aware of any changes in the law regarding tenancies. For instance, Orange County now has procedural requirements before rents can be increased.
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