Q: Can an apartment renew your lease without Knowledge after stating that there will be no renewal/ month to month?
Then evict 2 months later?
A:
Both parties are required to sign any lease, whether it is a renewal or a first lease. However, if there is a clause about a lease renewing, you would need to review that clause in your lease.
Often a renewal clause will state who (usually the tenant) has the option to renew. In such a scenario, the tenant would have to provide notice of electing to renew the lease. If there is no such language in the lease agreement and a tenant stays after it expires, then the parties are thereafter in a month-to-month tenancy.
As far as a landlord's right to evict a tenant, there are generally a few instances where a landlord can file for an eviction:
1) A tenant has not paid the rent. In Florida, the Landlord has to first provide the tenant with notice of default in a "3-Day Notice."
2) A tenant has breached a duty as required in the lease. Again, notice may be required depending on the non-compliance.
3) A tenant is a holdover, which means they have stayed past the lease when the Landlord has informed the tenant that they will not be renewing the lease.
Charles M. Baron agrees with this answer
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