What if my lease says nothing about notification of non-renewal?

6 Replies

I manage a trailer park. We are considering selling the land and all the trailers on it. Therefore, we would not renew leases when they expire. Our lease doesn't have any guidelines for this, and the Florida Statutes simply says to refer to the lease. What are the rules here? I don't want to give them too much notice because then they will just stop paying. But I don't want to just tell them 3 days before the fact, either.

I think a good solution would be to tell them right after they pay the final month's rent, but there is one problem with that. Often, the tenants don't pay on time and I collect late fees. Plus, once I tell one of them, the rest will know anyway unless I cleverly disguise it as if I'm just selling individual trailers until they are all gone

Kind of reminds me of the story of Walt Disney buying all that land in Central Florida for Disney World under dummy corporations. Even though it's completely different, it still reminds me of that somehow.

if lease has no info, you default to state law. likely you need 30 days notice or maybe 60 at the most
Originally posted by @Andrew Boettcher :
if lease has no info, you default to state law. likely you need 30 days notice or maybe 60 at the most

 I just said that State law doesn't say anything. It says refer to the lease.

If it’s not in the Florida statutes then it would likely be determined by case law (i.e., what local county/state courts have previously ruled in similar cases)

Well, they automatically revert to month to month if not renewed, then a 15 day notice is required.....assuming you own all the trailers as different statutes apply to mobile home owners in a park.

But you say that the "lease expires", so there must be a definite end date, right? So, legally, they expire and end, as far as I see it. I would send them a notice in the last month, certified mail, return receipt requested, that you have no intention to renew the lease. Since there is a fixed end date, I think, 15 days prior should be enough.

But on the other hand, you want them gone, right? If you do not give them enough time, they might not be gone by that date. Do you want that? I, personally, would send them letters about 3 weeks before the end, so that they have about 2 weeks to pack up and get going.

Join the Largest Real Estate Investing Community

Basic membership is free, forever.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.