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Does a residential lease automatically renew for another 12 months?
State of Florida. My daughter moved in with a roommate that was already living in the premises. She was added to the existing lease. The lease expired in May of 2006. They are both still paying rent and living in the residence, a new contract was not offered or signed by either of the girls. Does the lease automatically renew? There is no auto renewal clause in the lease. My daughter is now wanting to move to another location and would like to give a 30 day notice, but according to the original lease, she is obligated for the full term, which is May of 2009. (providing it automatically renewed). What is the law on automatic lease renewal in Florida?
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If the lease doesn't state that it automatically renews on a month-to-month basis at the end of the original lease term (which I don't believe I've ever heard of a lease not stating something about that) then it would go by whatever the state law is.
There's a "sticky" at the top of this forum with a link to each state's landlord / tenant laws. That should state what the state law is on the issue. From your description of the situation, I believe she is a month - to - month tenant at this time. In which case, in FL only a 15 day notice is required to terminate the tenancy. Again, unless the lease states 30 day notice is required (or more.) (Which almost all leases state.) The easiest way to figure this all out is to give a written notice to the management office. If they perceive her to be in the middle of a year lease they'll let her know right quick. Another part of this scenario to be considered is the roommate situation. If she's moving out and the roommate is staying she needs to make sure that she gets the proper written releases. |
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There is no cancellation clause, other than stating the tenant is responsible for the lease payments through the term of the lease, (which expired over a year ago). Or reference to an automatic renewal of the lease. That was my suggestion to my daughter, give a 30 day notice to her landlord and see what happens.
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