Legal Question in Real Estate Law in Florida
I rent out a home that I own in FL. I paid a pre-planned visit last night and was ordered by the husband to get out or he would call the police. Can I be banned (trespassed) from a home that I own?
The 1-year lease expired on 7/5/14. Unfortunately, the renewal clause states the lease will automatically renew for 1-year periods unless I give 60-days notice prior to the end of the renewal term.
The tenants claim I promised (verbally) they could stay in the house until the husband retires in 5 years.
Q: Are verbal statements binding in FL? And, if not, can I raise the rent or sell the house as long as I give them 60-days notice prior to the end of the renewal term next year?
2 Answers from Attorneys
Once you rent out a home you give exclusive use of that home to the lessee unless you have written agreements otherwise. Sounds like the lease which expired was renewed for another year due to your failure to cancel it. If you want it cancelled at the end of the current term, you need give the notice required. Your promise to rent for 5 years, unsupported by legal consideration, is unenforceable. The written contract will likely prevail and can end next year if you follow its terms. You can re-rent for any amount you want or sell the home you own at your pleasure once the lease ends and they vacate.
Review your lease. Most provide for inspection on reasonable notice to tenant.
If he refuses, you will need court enforcement of your lease.
You can still sell provided your buyer knows there is a tenant. He too would be bound by your lease.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
