A Broward Landlord can terminate a Month-to-Month Lease by giving notice. They can also accept rent anytime before it expires. The uncertainty arises if they accept it after. If you are unsure your right to collect Rent after Terminating a Month-to-Month Lease, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
Does Terminating a Lease prevent a Landlord from collecting Rent?
When Terminating a month-to-month lease in Florida, a Landlord must give 15 days notice before the next rental period. In other words, if you are trying to terminate it in March and the Tenant pays on the first of every month, you have to give notice that the lease will terminate on March 31, 2020 on the 16th or any day before. However, a they can still accept rent for the month of March any day before the 31st. On the other hand, if the Tenant pays for March on time but the lease is still terminating on March 31 and they remain in the property after, they become a Holdover Tenant.
Our office has found that many Tenants believe that paying rent prevents a month-to-month lease from being terminated. This is not true. It does nothing more but keep the Tenant current with their rent. In fact, it’s not in their best interest to do so if they paid last month’s rent. Once a month-to-month lease is terminated, accepting rent will prevent the Landlord from removing the Tenant. Therefore, if a Landlord intends on terminating a month-to-month lease, they should refuse any rent they receive from the Tenant. This includes blocking their ability to wire money into their account. However, if the Tenant does send the Landlord rent after the lease terminates, a Landlord should send it back. On the other hand, if they filed an Eviction, they should deposit it into the Court Registry.
If you are unsure about your right to collect rent after terminating a month-to-month lease, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.