How can a lease be terminated in the State of Florida?
A lease for a tenancy of specific duration typically ends automatically at the end of the lease period, and neither party is required to notify the other. The lease may also include provisions for early termination.
Either party can terminate a tenancy of nonspecific duration by giving written notice to the other party as follows:
* If the tenancy is year-to-year, not less than 60 days' notice prior to the end of any annual period.
* If the tenancy is quarter-to-quarter, not less than 30 days' notice prior to the end of any quarterly period.
* If the tenancy is month-to-month, not less than 15 days' notice prior to the end of any monthly period.
* If the tenancy is week-to-week, not less than 7 days' notice prior to the end of any weekly period.
Either party must provide notice at least this far in advance of the next rent payment date in order to terminate the lease. Notices should be served by personal delivery or certified mail.
If housing is provided as a benefit of employment and the tenant does not pay rent, the rental period is the same as the tenant's pay period. If the tenant gets fired or quits part-way through the pay period, the tenant will owe the landlord the pro-rated rent for the rest of the pay period.
On what grounds can a landlord evict a tenant?
A landlord can evict for non-payment of rent, violations of the lease or violations of the Landlord-Tenant Act, or abandonment of the premises. A landlord can also evict a holdover tenant (one who remains in the rental property after the lease ends), and collect double the usual amount of rent for the period during which the tenant refuses to surrender possession of the premises.
In the case of non-payment of rent, the landlord must give the tenant a 3-day notice. If the rent is paid within the 3-day limit, the notice is void and the tenant may stay in the premises. If the landlord accepts rent from the tenant even after the 3-day period, he/she gives up the right to evict or terminate the agreement during that rent period.
In the case of a violation of either the lease agreement or the Act, there are two types of breaches: curable (such as unauthorized pets, unauthorized guests, etc) and non-curable (intentional misuse of the landlord's or other tenants' property, repeated unreasonable disturbances, etc). If the breach is curable, the landlord must give 7 days notice in which to fix it. if the tenant commits the same breach again within 12 months, the landlord may evict without giving the tenant another chance to cure.
In the case of a non-curable violation, the landlord need only serve the 7-day notice specifying the problem. The tenant is given no opportunity to rectify the situation.
A third legal justification for eviction occurs when the tenant leaves the premises for more than one-half of a rental period without paying rent or giving the landlord written notice of the absence.
Florida law prohibits landlords from evicting tenants without going through the court system. A tenant cannot be evicted without a judge's order.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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