Legal Question in Landlord & Tenant Law in Florida

I am a Landlord who has a retirement property in Florida, with a current Tenant. The lease was done with an automatic termination date of March 1, 2013. There is a clause in the lease that states, "if Landlord chooses to move to Florida before that date, that a 60 Day Written Notice will be served asking the Tenant to vacate". It also works that way for the Tenant, if he wanted to move before the automatic termination date, he could send us a 60 Day.

I am going to retire early and sent the 60 Day and it was received on 12/30/10 for a March 1, 2011 termination of the lease.

The Tenant has not paid his January rent and I'd like to know if a 3 Day Notice can be sent as well or if that would void my 60 Day Notice?

I feel the Tenant is playing games and not paying his rent so I'll be forced to send the 3 Day Notice. I don't want to waive or void my 60 Day Notice by sending a 3 Day for Rent or Quit and then he pays the rent, and I have to push back my retirement because the 3 Day waived my 60 Day Notice to vacate.


Asked on 1/04/11, 4:41 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

When your renter fails or refuses to pay rent, you have the right to evict much quicker than 60 days. Eviction for non-payment does not void out the terms of your lease, or your notice for him to vacate in 60 days. From what you have stated, he must vacate in 60 days, or he must vacate sooner if he fails to pay. Be sure to follow all state laws regarding his damage deposit etc, especially if you have a tenant that has decided to be difficult.

Read more
Answered on 1/09/11, 7:23 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Florida