Legal Question in Real Estate Law in Florida
Building home and have lease
My wife and I are currently building a home and our lease is up in 2 months (Sept 30th). The builder told us that it would be complete in October. By the way things look it should be done in September. That would be perfict, but my landlord wants a 60 day notice. I have not been given any accurate dates of when the house will be done so I can not give that notice. In the next couple of weeks I will be given a better date in wich everything will done. I do not want to pay for a month that I may not live in the house and on the other hand I dont want to say that our house will be done in a time that I am not sure that it will be yet. Is there any laws out there that protect someone building a home with the concept of a lease that will be broken??
Thank you!
3 Answers from Attorneys
Re: Building home and have lease
Get the best estimate of occupancy from your builder, then give your landlord the necessary notice. You may be able to extend your lease by 30 days if you let your landlord konow of your situation, you may have to stay in a motel, etc, for a short time,if there is a time gap. You may have to pay overlapping costs of sheltering your family. There are no laws that would interfere with your situation here. Give thanks to God that you have the capabiltiy to purchase a new home. JMC
Re: Building home and have lease
A lease is a legally binding contract between two parties. There are no provisions in Florida law that would allow you to break your lease because you are buying a new home.
If you have a good relationship with your landlord, you may be able to negotiate an extension of your existing lease or a month to month renewal which would only require a 15 day notice (prior to the date the next rent is due) of cancellation unless otherwise set forth in your agreement or by local ordinance such as in Miami Beach.
If a lease was not binding upon the parties, the landlord could come to you and break your lease at anytime because a party was willing to pay higher rent or any other reason. The law is written to protect all parties to a lease.
Scott R. Jay, Esq. 305-249-8000
Re: Building home and have lease
One would have to review your lease agreement.
Once a lease agreement expires then you become a holdover
tenant unless the owner agrees to accept rent
when then would place you on a month to month tenancy.
I suggest you consult an attorney in your area.
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