Legal Question in Real Estate Law in Florida

I bought a business in October and I changed its name but kept it at its original premises. The landlord had me apply for a new lease. I still have not received a lease in my name to sign, despite calls to the landlord to ask for it. I would like to leave this premises now to a safer, nicer, cheaper location. As I don't have a lease can I leave the current premises?


Asked on 12/17/09, 6:37 pm

2 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Yes, you may leave. Below are copied the Florida Statutes relevant to a commercial tenancy, unwritten, and notice required.

Florida Statute 83.01 Unwritten lease tenancy at will; duration.--Any lease of lands and tenements, or either, made shall be deemed and held to be a tenancy at will unless it shall be in writing signed by the lessor. Such tenancy shall be from year to year, or quarter to quarter, or month to month, or week to week, to be determined by the periods at which the rent is payable. If the rent is payable weekly, then the tenancy shall be from week to week; if payable monthly, then from month to month; if payable quarterly, then from quarter to quarter; if payable yearly, then from year to year.

83.03 Termination of tenancy at will; length of notice.--A tenancy at will may be terminated by either party giving notice as follows:

(1) Where the tenancy is from year to year, by giving not less than 3 months' notice prior to the end of any annual period;

(2) Where the tenancy is from quarter to quarter, by giving not less than 45 days' notice prior to the end of any quarter;

(3) Where the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period; and

(4) Where the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.

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Answered on 12/23/09, 1:00 am
Lesly Longa Longa Law P.A.

Yes, you can but make sure that you give proper notice. Good luck finding new retail space and please do not hesitate to contact me if I can be of additional assistance. Regards,

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Answered on 12/23/09, 7:32 am


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