My tenants are currently in a month to month lease in my single family home in Fl. Can I terminate the lease at any time?

Asked about 1 year ago - Oviedo, FL

The house was vacant for 3 years prior to them leasing. Seems as though things are breaking down left and right since they've been there. They failed to maintain the shrubbery on the property as outlined in the lease. We requested that they take care of this issue. The tenants did comply but cut back the shrubs next to my air conditioning unit all the way down to just bare wood and no foliage. They did not just trim the shrubs, they completely removed everything but the bare shrub trunk. The back yard is in shambles due to the dog they have. The dog is digging, the the mulch area is now overgrown with weeds and not being maintained. We have a HOA which these things are in potential violation of the ordinances and by-laws.

Attorney answers (3)

  1. Carol Anne Johnson

    Contributor Level 18

    5

    Lawyers agree

    Answered . If the situation is such that they are violating the lease agreement, you can give them a 7-day notice to cure before evicting them. However, if it is truly month-to-month and there is no stipulation within the lease of a notice period, Florida law allows both tenant and landlord to terminate the agreement with a 15-day notice. Other than that, your lease agreement with the tenant ultimately defines the relationship and your rights.

    Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate,... more
  2. Marshall C Deason Jr.

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . I agree with Attorney Johnson. However, because of the complexities and the fact that you may want to pursue the tenants for damages, I recommend that you hire an experienced real estate lawyer in your area to help you with your case.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does... more
  3. Cheryl Rivera Smith

    Contributor Level 20

    3

    Lawyers agree

    Answered . You must give them proper notice according to Florida law. If they fail to move by the deadline, then you will need to give them an eviction notice and start eviction proceedings.

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