Does a lease automatically renew if tenant did not sign new lease in florida?

Question

Original 1 year lease expired in Dec. Gave tenants new year lease to sign - no changes in lease. I realized I did not get signed copy back from tenants who now wants to move out in August - lease was from Dec to Dec. Can I hold them to original lease year term?

Answer 1

You cannot. Your failure to obtain a signed copy of a lease from these tenants defaulted them to a statutory month-to-month tenancy under Florida law. If you did not wish them to continue such a tenancy, it was your responsibility to cause them to vacate the premises for not signing a lease.

Sorry this one backfired on you, but swallow the bullet and allow them to move according to Florida statute, which only requires thirty days notice from a rent due date in order to terminate a MTM tenancy.

Answer 2

You missed it. Your tenant is a month to month tenant and all that is required from either party to terminate is a 30 day notice.
HUD: Florida Landlord Tenant Laws http://www.hud.gov/local/fl/renting/tenantrights.cfm
Consumer Services landlord tenant explanation: http://www.800helpfla.com/landlord_text.html
LANDLORD TENANT ACT: http://www.leg.state.fl.us/statutes/index.cfm
Landlord tenant main site: http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0083/titl0083.htm&StatuteYear=2004&Title=%2D%3E2004%2D%3EChapter%2083
Landlord tenant handbook: http://www.floridapirg.org/consumer/renters/rrpage1.htm
Landlord tenant brochure: http://www.myflorida.com/dbpr/hr/forms/25/5025_750.pdf
Sorry wish I had better news

Answer 3

if no one gives notice of to move or moving at the end of the lease, then you are on a month to month. you can give your 30/60 days notice to move at anytime as well as the owner can give you notice that they want you to move.