In the State of Florida,Seminole County, after being served a non-renewal of residential lease, if a tenant does not vacate,does the landlord have to serve a 3 or 5 or any kind of notice prior to file eviction?
Depends on terms of lease as some create monthto month tenancy, some create hold overs, some require unlawful detainer action. Best to hire a lawyer to help you do the eviction if your not sure.
Residential Real Estate Lawyer
This is what is known as a holdover tenant. You are able at this point to start an eviction action. You are also able to recover double rent for the period that the tenant holds over. I would suggest retaining an attorney as soon as possible to move forward with this eviction action.
Construction / Development Lawyer
Thanks for your question, I would agree with my colleagues. If you have a lease in place with a specific duration, upon expiration of the lease, if the tenant refuses to vacate tenant is considered a hold over tenant and landlord is entitled to file an action for eviction to recover possession as well as double rent for the period of the hold over. Let me add a few things, though. First, I would review lease for any and all provisions regarding termination, notice, renewal, etc. We want to make sure you complied with lease terms. In addition, you should not accept any payments from tenant if you want him or her gone, doing so may waive your rights to eviction and/or double rent. I would highly recommend speaking with an attorney, and am happy to answer any other questions you may have. Good luck.
Landlord / Tenant Lawyer
As long as the notice of non-renewal was served timely, the lease was terminated and the tenant is holding over, which makes the tenant liable for double the rent while occupying the property. If the notice was not timely served, and you attempt to evict, you may find yourself on the losing end of an eviction action. If the lease goes month-to-month, then you need to give him that notice 15 days (or more preferably) before the notice can ripen, otherwise the tenant gets another month.
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