Not every Landlord decides to renew the Lease. As a result, if a Florida Tenant remains after it terminates, they will no longer receive the same protections. While this can be frustrating for a Tenant, failure to vacate can have consequences. If the Landlord accepts rent after the lease terminates, the Tenant is provided protections. Therefore, if you are a Landlord or Tenant and have questions about your lease, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
Does a Lease Automatically Renew?
Many believe that a Landlord is required to give a Notice of Non-Renewal. That is not the case. Unless required by the lease, they are under no obligation to notify the Tenant. Some leases renew automatically. While this is rare, it does exist. However, most do not include this because it prohibits them from terminating the lease. For example, if they do not get along with the Tenant or want to sell the property, they can end the lease at its natural termination. Accordingly, it is more beneficial to not include it in the lease.
What if the Landlord accepts rent after the Lease Terminates?
If a Tenant remains after the lease terminates, they become a Holdover Tenant. As a result, they can be charged double rent for every day they remain. On the other hand, if a Landlord accepts rent without attempting to evict them, the lease becomes month-to-month. As a result, the Tenant will be permitted to continue paying until the lease terminates. Therefore, a Landlord should not wait to take action if they are not interested in allowing the Tenant to remain.
If you are a Landlord or a Tenant and have questions about receiving or paying rent after the lease terminates, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
