Lease Non-Renewal Dilemma
4 Replies
Leo Gutierrez
from Port St Lucie Fl
posted 6 months ago
Looking for advice on a situation with a rental house in Saint Lucie County, Florida. My tenant's lease is up for renewal on Sept 1st. The tenants were willing to renew but I have decided not to renew their lease after we had some major disagreements today (right before I sent them the new lease). Instead, I told them that I will be mailing them a 60 days notice to vacate which is what the lease calls for. In reality I was delaying the inevitable for the last two years they have rented from me but my "grace tank" is about empty with these folks. Here is my dilemma... Since the current lease expires on August 31st, should I complete a month to month lease as of Sept 1st if they haven't moved out? Are there any other legal implications I should be aware of? Any advice is greatly appreciated.
Ned Carey
(Moderator) -
Investor from Baltimore, MD
replied 6 months ago
@Leo Gutierrez generally a well written lease will say that the lease continues month to month when it is up. Look at the lease you have now and I bet it has similar language.
If the lease is not clear on what happens when it expires you should seek legal advice.
Leo Gutierrez
from Port St Lucie Fl
replied 6 months ago
Thank you Ned. I did notice that language on the current lease but I wasn't sure If I needed to have the tenants sign a different lease. Based on what you said, and upon reading the lease term more closely, it seems like once their current lease expires, this lease automatically becomes their new month to month until such time as I give them a 15 day notice or they notify my that they will be leaving (also 15 days notice) correct?
Ned Carey
(Moderator) -
Investor from Baltimore, MD
replied 6 months ago
@Leo Gutierrez That sounds correct to me But I am neither a lawyer nor have I read your specific lease. Keep in mind that regardless of what your lease says, the state or county may have laws that require longer notice. In Maryland it is 30 days and Baltimore city it is 60 days.
Leo Gutierrez
from Port St Lucie Fl
replied 6 months ago
I understand and greatly appreciate you helping me better understand this situation. It is the first time I run into an issue like this so talking it through with someone who's in the business has been very helpful. Thanks again Ned.