choca
May 4, 2011, 12:47 PM
Tenant signed annual lease in Jan 2010, in which it stated that 90 days written notice required to end lease at the end of that term. Lease states "The initial lease period is 1 year from January 1, 2010 until December 31, 2010 and may be extended every year by one more year. The monthly rent is subject to a 5% increase per year. The lessee must give the lessor 90 (ninety) days notice in writing if lessee intends to terminate the lease at the end of the initial lease period." No written notice has been received from tenants to date, but they moved out at the end of April 2011. We advised them that as lease is yearly, they are responsible for rent payment up until such time as we are able to get new tenants.
Their position is that because they didn't actually sign a new lease on Jan 2011, their tenancy is not annual, but monthly from that date on, and therefore they don't owe anything. They haven't even officially terminated the lease. The top of the lease document says "Lease Agreement as per Florida Landlord/Tenant Statues.
I believe these statutes require the tenant to at least cancel in writing with 60 days notice.
Where do I stand as landlord?
Their position is that because they didn't actually sign a new lease on Jan 2011, their tenancy is not annual, but monthly from that date on, and therefore they don't owe anything. They haven't even officially terminated the lease. The top of the lease document says "Lease Agreement as per Florida Landlord/Tenant Statues.
I believe these statutes require the tenant to at least cancel in writing with 60 days notice.
Where do I stand as landlord?