Sarasota, FL asked in Real Estate Law and Landlord - Tenant for Florida

Q: My landlord leased the unit to another person after i gave written notice of my intent to extend my lease.

This is the clause in my lease "• B. Lease: This Agreement shall continue as a lease for term. The termination date shall be on (date) February 28,. 2025 at I I :59 PM. Tenant has the option to extend this lease for an additional year by written notice 30 days prior to termination."

I need to have my lease reviewed in its entirety to see what legal recourse I have

2 Lawyer Answers

A: If a tenant exercises the option to extend the lease with the proper notice and in compliance with the terms set forth in the lease, the landlord generally does not have the right to reject the tenant’s exercise of that option.

Lease options to extend are typically binding on the landlord as long as the tenant meets the specific requirements outlined in the lease, including any deadline for notice and other conditions. Once the tenant fulfills these requirements, the lease should automatically extend under the pre-agreed terms, and the landlord generally cannot refuse unless there is a clause explicitly granting the landlord the discretion to deny the extension.

However, if the tenant fails to adhere to the option requirements—such as providing timely notice or meeting other conditions stipulated in the lease—the landlord might then have grounds to refuse the extension.

A full review of the lease and the factual background leading up to the exercise of the option to renew the lease term is required to provide you with your options.

A: Technically speaking, if the landlord fails to let you exercise your option, he should be responsible for the loss this caused to you. Reviewing your lease is a good idea because sometimes the understanding is inaccurate.

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