Miami, FL asked in Contracts and Landlord - Tenant for Florida

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?

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1 Lawyer Answer
Joseph Sternberg
Joseph Sternberg
  • Landlord Tenant Lawyer
  • Orlando, FL
  • Licensed in Florida

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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