Legal Question in Landlord & Tenant Law in Florida

landlord - tenant dispute

I am a landlord of a property and I have a townhouse that I am renting. The lease expired and I neglected to have the tenants sign a new one. They are continuing to pay rent and did verbally agree to stay in the apartment until July 2008. Now they are claiming they want to leave. What are my rights as the landlord? Do they have the right to leave without a signed lease?


Asked on 10/12/07, 2:07 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: landlord - tenant dispute

They became month to month tenants.

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Answered on 10/12/07, 2:42 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: landlord - tenant dispute

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Once the lease expired and you did not obtain a new signed lease, then it reverted to a month to month tenancy. As long as they give you notice at least 15 days before the next month's rent is due, they can vacate the premises legally. Without a signed lease for a longer period, you have no right to require anything further from them.

Scott R. Jay, Esq.

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Answered on 10/12/07, 11:38 pm


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