Legal Question in Real Estate Law in Florida

Leases

I have a rental house where the lease expired on the tenant and he is basically month to month. With a few late payments and/or checks not good at first, I want to move him out. Should I offer a new lease with a rent increase or simply a letter to move out. That is my goal. I would move in to the house and make some minor repairs so I could sell this property.

Thank you


Asked on 10/11/01, 8:39 am

1 Answer from Attorneys

Hugh Wood Wood & Meredith

Re: Leases

You need to get the T out of your house. The OCGA requires that you give a Mo to Mo Tenant 60 days notice that you will not extend any more months, etc. If, however, he is many months behind -- which your Q does not indicate -- you need not wait 60 days, but may immediately file for dispossession because he is in breach of the lease. Based on your goal to acquire possession of the property, do not offer any new lease to that T. Give him a 60 day notice to move out and then enforce it. Hugh Wood

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Answered on 11/23/01, 10:54 am


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