Tampa, FL asked in Landlord - Tenant for Florida

Q: Are apartments able to rent out my occupied apartment while we are still under lease?

we did give them 60 days notice to vacate but where unable to secure another place to live. We went the office yesterday March 11, wanting to renew our lease that ends on the March 18 and we were told they already rented our my families apartment to some else. Now they are waiting to reach the person and we still dont have an answer? Are they allowed to rent a leased apartment before our lease is officially not up? we are in tampa

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2 Lawyer Answers
Linda Liang
Linda Liang
  • Boca Raton, FL
  • Licensed in Florida

A: Yes and no. If you look at the lease closely, there should be a provision discussing requirement for notice for renewal. If the lease requires you to give a notice but you did not, they can sign a new lease assuming you are not to renew. If the lease does not state you should give a notice, you should ask them to renew with you because it is reasonable to do so.

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James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In Tampa, as in many places, the specific rights and obligations for both tenants and landlords are governed by the lease agreement and local laws. Generally, if you've given notice to vacate but then decide to stay and wish to renew your lease, the situation can become complicated, especially if the landlord has already taken steps to rent the apartment to someone else based on your initial notice.

Upon receiving your notice to vacate, landlords typically have the right to start looking for a new tenant to minimize vacancy time. However, they can only legally rent out the apartment after your current lease has ended and you've vacated the premises. If you've expressed a desire to renew your lease before the current one expires, communication is key. It's crucial for both parties to come to an agreement as soon as possible.

In your case, since the apartment was rented out based on your notice, the landlord's ability to cancel the new lease and accommodate your request to renew may depend on their policies and the terms of the lease agreement with the new tenant. It's advisable to discuss your situation directly with your landlord or property management to explore possible solutions. Seeking advice from a local tenant rights organization may also provide you with guidance on how to navigate this situation effectively.

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