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Procedures and Requirements for Lease
Expiration and Termination
A default under a Florida real estate lease by either the
landlord or the tenant could result in the termination of the
lease depending on the terms of the lease and the remedy
selected by the non-defaulting party. But absent termination of
the lease due to default, there are legal precepts that govern
the expiration of certain leases in Florida and the procedures
that must be followed to terminate other types of leases.
To ensure that their rights are protected, it is important for both
landlords and tenants to understand both how certain leases in
Florida expire in accordance with their terms and lease
provisions and the procedures and requirements that must be
observed to properly terminate other leases. Without this
understanding, a tenant’s rights to the leased premises may be
infringed upon or a landlord’s attempts to terminate the lease
may be ineffective which can result in the tenant being
permitted to continue to occupy the leased space beyond when
the landlord wishes to retake possession of their property. The
procedures for properly terminating a lease in Florida differ for
residential leases and commercial leases.
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