Legal Question in Real Estate Law in Florida
Raising rent after lease expires
I have been told that after the lease ends the landlord can't raise rent until anniversary as lease period is ''implied'', i.e. move in in January so landlord can't raise rent until January the following year or another year thereafter.
3 Answers from Attorneys
Re: Raising rent after lease expires
What you were told is wrong. Read Scott R. Jay's e-mail again.
Re: Raising rent after lease expires
Once the lease expires, there is no limitation.
Re: Raising rent after lease expires
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It is not correct. When your lease expires and you continue as a tenant with the landlord's permission, you are on a month to month tenancy. The landlord can raise the rent by providing notice 15 days prior to the date the next monthly payment is due.
If you stay without the landlord's permission, you are considered a holdover tenant and the landlord is entitled to collect double the normal monthly rent.
Please note that Miami Beach has passed an ordinance which may have increased this period to 30 days.
I strongly suggest that you consult with a real estate attorney in your area to review this and all other legal questions regarding this matter.
Scott R. Jay, Esq. 305-249-8000