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Non-Residential Tenancies (Commercial Landlord/Tenant) in Florida

Written by: Jeffrey Lawson Baxter

Reputation Level 11

Commercial Landlord / Tenant Real Estate

Posted over 2 years ago. 1 helpful vote, 0 comments

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Tenancy at Will - Unwritten Lease

Any of lease of land and/or improvements thereon, shall be deemed and held to be a tenancy at will unless, it shall be in writing signed by the Landlord. Such tenancy is determined by the periods at which the rent is payable. If the rent is payable weekly then the tenancy shall be from week-to-week; if payable monthly , then from month-to-month. See F.S. §83.01.

Tenancy at Will - Written Lease

Written leases with an unlimited term are also considered tenancies at will. The term is determined by the period at which the rent is payable. If the rent is payable monthly, then the tenancy shall be from month-to-month; if quarterly, then from quarter-to-quarter. See F.S. § 83.02

Notice of Termination of Tenancy at Will

1. If year-to-year, by giving not less than 3 months notice 2. If quarter-to-quarter, by giving not less than 45 days notice 3. if month-to-month, by giving not less than 15 days notice 4. if week-to-week, by giving not less than 7 days; see F.S. § 83.03

Holdover Tenenat - Tenancy at Sufferance

a holdover tenant that remains in possession is a naked possession and conveys no appreciable estate in land. Landlords, under the correct procedures, can treat the one in possession as an intruder or trespasser.