A Florida Landlord may not want to renew a Tenant’s Lease for several reasons. However, they are not required to disclose them. While some leases require that that they give notice of non-renewal, others do not. Regardless of the requirement, if a Landlord accepts rent after the termination date, the lease will continue as month-to-month. To learn why Landlords should not accept rent after a lease expires, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
How accepting rent after a Lease expires affects Landlords
If a lease requires a Landlord to give notice that they are not renewing, they must comply. Failure to do so can result in an automatic renewal. As a result, the Landlord will be bound by the terms of the prior lease and cannot terminate it until the following year. On the other hand, if they give notice , the lease will properly terminate. If the Tenant remains in the property after the termination date, the Landlord can file an Eviction against them as well as seek double rent for every day they remain in the property. This type of Eviction is common in Florida.
Landlords run into trouble when they accept rent from Tenants after the lease expires. If their intention was to terminate the lease, they must commence the Eviction process. If they accept rent, the lease will continue on a month-to-month basis or could be automatically renewed.
Should Florida Landlords return the rent?
As stated, once a Landlord accepts rent after a lease expires, the Tenant can remain there as a month-to-month Tenant or the Lease will simply be renewed. However, the Landlord may have some protection. Once they receive the rent, they should immediately return it to the Tenant. This can done by the same manner that they received it. A Landlord should not wait a week to do it. It should be done within 24 to 48 hours. In addition, a Landlord cannot keep the rent and continue with the Eviction Process. This can result in their case being dismissed and possibly have to pay the Tenant’s Attorney fees.
Florida Landlords need to consult a Florida Eviction Lawyer before taking terminating a Lease. To learn why Landlords should not accept rent after a lease expires, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.