My tenant is month-to-month: How do I end the Lease?
Often landlords and tenants do not have a written lease agreement, which usually creates a month-to-month tenancy. It is also common for a renter to stay at a property for some time after their lease has expired as they continue paying rent on a monthly basis. This also creates a month-to-month tenancy (it is called a “month-to-month tenancy” because landlords usually require tenants to pay rent once a month and in advance).
The Verbal Agreement
A month-to-month tenancy can be convenient for both parties. For the renter, it allows them to forego the commitment of another long-term rental agreement; for the landlord, it allows them the peace of mind of keeping the same renter and receiving rental payments. However, a month-to-month tenancy can also present some issues. When does the lease end? What can I do if my tenant refuses to leave? These are all common questions our real estate attorneys get asked from landlords that are uncertain of their legal rights.
Generally, if your renter’s lease expired and they remained on the property or you, the landlord, allowed them to rent the unit from month-to-month, your renter is referred to as a “tenant at will.” A tenancy-at-will is a property tenure that has no lease or written agreement and can be terminated at any time by either landlord or renter. Since there is no written agreement or the original rental lease expired and the renter remained on the property, in order to terminate the agreement with a renter a landlord must file a 15-Day Notice.
What is a 15-Day Notice?
A 15-day notice is a written notification to your renter stating that the verbal month-to-month lease agreement that has been in place will be terminated. Pursuant to Florida Statute Section 83.57(3), “[w]hen the [renter’s] tenancy is from month to month” a landlord has to give no “less than 15 days’ notice prior to the end of any monthly period.” After you, the landlord, provide notice, this will terminate the lease and your renter is required by law to vacate the property.
This is a broad overview of terminating verbal rental agreements. Circumstances can vary on a number of facts including the type of tenancy you have established with your tenant. At J. Perez Legal P.A., we have over twenty years serving landlords in Pembroke Pines and all-over South Florida. Our experienced real estate attorneys fight hard to protect the rights of landlords. Please call (954) 450-2585 today to schedule a consultation with experienced real estate attorneys.
J. Perez Legal P.A. handles a variety of cases, so call now if you have any questions related to real estate including mortgage, foreclosure, modification, etc.
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