Legal Question in Real Estate Law in Florida
I am a landlord. My rental property located in cape coral, Florida. The current 12 month lease will be expired by the end of this month, Feb 28, 2011.
My property management company said that they need to rewrite the lease. But my understanding it that we do not need a new lease, The terms of the old lease will still be in effect except for the fact that there is no longer any fixed period; it is a month to month tenancy. Here is what it says on the original lease,
"Holdover by Lessee. Should Lessee remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease, a new month-to-month tenancy shall be created between Lessor and Lessee, which shall be subject to all the terms and conditions hereof but shall be terminated on 15 days' written notice served by either Lessor or Lessee on the other party."
Thank you so much for your kind advise!
2 Answers from Attorneys
The section you quote is correct. Depending on the rest of the lease, it turns into a month to month lease. The issue that occurs is your tenants may not want a month to month lease. Or you may not want a month to month lease.
The real problem for you, the Tenant, is IF THE LESSOR does NOT consent to your holdover. They, you will be liable for twice the rent amount; plus additional fees may apply.
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