Delete Selected Option to the Month To Month Lease

Aug 6th, 2022
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How to Delete Selected Option to the Month To Month Lease

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Rick asks about evicting a tenant who is up to date on rent but no longer wants them in the apartment. He previously utilized a three-day eviction notice for tenants who owed money. The responder advises that having a month-to-month lease is beneficial for landlords, providing flexibility. This type of tenancy allows landlords to easily part ways with tenants they are uncomfortable with or when they wish to sell the property. The responder notes that typically, tenants in such leases tend to leave quickly, often relocating to distant places. Therefore, Rick's situation is manageable due to the nature of the lease agreement.

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A month-to-month tenancy may be terminated by either the landlord or the tenant simply by giving written notice from one side to the other. Unless the rental agreement or lease provides for a different time period, the notice to terminate must be given to the landlord at least 30 days before the tenant moves out.
For tenants that pay rent quarterly, you must give them a 30 day written notice. For tenants who have a yearly tenancy, you are required to provide them with a 60-day written notice. In the notice, you must state the date by which the tenant must move out of their rented premises.
In Florida, a landlord can evict a tenant without a lease or with a lease that has ended (known as a holdover tenant or tenant at will). To do so, they must first terminate the tenancy by giving proper notice to move out (15 days for tenants that pay month-to-month).
What is a break clause in a lease? A break clause in a commercial lease (also known as an option to determine) is fairly common. It allows both parties flexibility if any issues or changes in circumstances occur, and provides the parties with a mechanism to terminate the agreement early if certain criteria are met.
A landlord can use a 30 day-notice to end a month-to-month tenancy if the tenant has been renting for less than a year. A landlord should use a 60-day notice if the tenant has been renting for more than one year and the landlord wants the tenant to move out.
Florida law allows for a legal action know as an Ejectment to remove a non-rent paying person living in your home, who has not signed a lease and has no title or interest in the property. Often times, this involves a person whom you have allowed to live in your home and who later refuses to leave when asked.
The landlord only has to send proper notice to the tenant, allowing for the number of days provided by Fla. Stat. 83.57. For instance, month-to-month tenants must be given 15 days to vacate.
For month-to-month tenancies, the landlord or tenant must deliver a notice at least fifteen (15) days before the next time the rent is due informing the other party that the lease will be terminated. Any time period shorter is ineffective.

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