If you decide not to renew a lease, how long does the renter have legally to vacate.?

Question

I just gave my tenent 30 days notice. The lease ends jan1. He freaked out, he said he would stay as long as florida laws allowed. just wondering how long that could be. Please answer soon, all help is appreciated.

Answer 1

Usually it is 30 days. You did the right thing.

Answer 2

If the lease is expiring or expired and you have given your tenant a 30 day notice to move, they are legally required to move. You can evict them for with-out reason, just be sure not to evict them for the wrong reason. If the tenant refuses to move, you can not lock them out or harrass them in any way. If this happens you must file with your local court to have them forcibly evicted. This due process is usually expidited by most court systems, getting you and the tenant before a judge in 10-21 days. More often than not the tenant doesn't show up, and moves on that date, they automatically lose and are then usually given 3-5 days to move or the sheriff would remove them. If they show up and contest it having valid tenant complaints against you, then it could go either way. If your behavior violates thier rights then it will go against you and they could tenatively be given many additional months to live there rent free. Unlawful Detainer actions may become complex, legal representation is always wise. Be careful how you tread.

Answer 3

The terms of the lease should have that spelled out. I for example would need to be out before 12 noon on the day the lease expires. You must also be certain that you are evicting the tenant with just cause to avoid the tenant potentially suing you. I would also start the eviction process now so you don't have to wait too much longer than necessary after the lease expires. You could take him to small claims court to recoup the rent he would owe after the lease expiration but depending on the situation, it may not be worth the trouble financially.

Answer 4

It depends on how long evictions take to process. That's usually a county sheriff's duty so check with them for the process. Legally he has to be out on Jan. 1 but if he decides to stay on, you'll have to go through the eviction process to legally get rid of him. You can't put his stuff out without having the order of eviction processed. Where I live it takes about 45 days from when you file for an order of eviction to when the cops come put the tenant's stuff out on the street.

You usually can't file an order of eviction till he has actually stayed beyond the lease but the laws might be different in your city/county. Check with the sheriff to see if you can start filing now based on his threat to stay illegally.

And by the way, the Florida law does NOT allow him to stay beyond Jan 1 if he's on month to month and you gave adequate notice. He's got to be out on the 1st and that's all the law allows. The problem is, you can't enforce that law without an eviction and evictions can be slow.

Answer 5

no matter if it really is written into the hot employ settlement, then it really is criminal (see you later as you're being recommended earlier you signal it, which it looks you're) This likely cuts down on a large kind of their criminal duty and can want to be something sturdy for you besides. If someone contraptions your progression on fireplace or another disaster occurs that won't be able to be correct on to negligence through the administration, devoid of renter's insurance, you'd be left with no longer something. save round, i'm constructive you'll come across a lifelike coverage.

Answer 6

the dude can stay about six months and he can get away without paying you a penny of rent either. i know i use to rent houses in orange park fl.

Answer 7

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Answer 8

If he won't leave ... eviction time.