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    kevinlove's Avatar
    kevinlove Posts: 1, Reputation: 1
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    #1

    Oct 14, 2010, 05:21 PM
    Notice not to renew lease
    I am a landlord in Florida and I am not renewing my tenant lease which was a one year lease. The lease doesnnot have a renewal clause nor state any notice period(odd but true)I sent them a certified letter with 19 days notice in addition they voilated the lease by havine three cats and two additional dogs.
    The lease clearly has one dog they are threating us with a law suit...
    What can we do and was are notice legal under Florida law?
    Tks
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Oct 14, 2010, 05:36 PM

    For a lease of one or more years terms a 60 day notice of termination is required:

    Florida Residential Real Estate Law

    If there is a breach of the lease however, you can give 7 days notice to repair the breach or vacate. However, if you were aware of the extra animals and did nothing previously, using that probably won't fly in court.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #3

    Oct 14, 2010, 05:50 PM

    According to FA laws you must give at least 15 days notice for non-renewal if they pay monthly.(apparently this only applies to month-to-month rents, sorry)If there had been a clause in the lease the lease would/could require more notice but not less. Threatening with a suit is a long ways from filing one, they are posturing and trying to get you to blink. You can evict them for breaking the lease and you can non-renew for no reason at all.

    I just read Scotts post and he backs his up with quotes from the law. I must reread my sources because they do not agree. Found a second source that agrees with Scott http://www.800helpfla.com/landlord_text.html so I have to take back parts of my original answer.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 14, 2010, 07:54 PM
    Quote Originally Posted by ballengerb1 View Post
    According to FA laws you must give at least 15 days notice for non-renewal if they pay monthly..
    The FL law is a bit confusing. The 15 day time frame is when a tenant is a periodic tenant, meaning their original lease expired and they are now month to month or they have always been month to month. But if the lease was for a 1 year term or longer, then a 60 day notice is required.

    So you could wait until the lease expires, give them one more month then give them a 15 day notice.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #5

    Oct 15, 2010, 07:15 AM

    I agree, FA laws seem to run in circles and have more different notice dates than most states. The OP seems to have 2 options, try to evict for violating the lease regarding animals or to give proper notice and wait.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Oct 15, 2010, 07:30 AM

    Hello:

    Proper, schmoper. Ain't NOBODY going to be able to satisfy a 15 day notice. Florida landlord/tenant laws are unique among the states. NO other state does what Florida does... Their landlord/tenant laws were made by stupid greedy right wing politicians who couldn't care less about putting tenants on the street. What they DON'T realize, though, is that by setting up such DRACONIAN laws, they don't actually HELP the landlords they were intended to help in the first place, because EVERYBODY winds up in court anyway.

    Now, if you Want to end up in court with these people, do it. But, if you'd rather work out a deal wherein YOU get something, THIS ain't the way to do it.

    excon
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