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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?

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.

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Attorney answers 3

Posted

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.

Posted

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, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.

Posted

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 not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

Carol Anne Johnson

Carol Anne Johnson

Posted

Good point!

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