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Web Articles
          Procedures and Requirements for Lease
                      Expiration and Termination

Residential

Residential leases are governed by the statutory provisions
included in the Florida Residential Landlord and Tenant Act.  
Under the Act, the proper procedure for terminating a
residential lease in Florida depends on the type of lease that is
to be terminated.  

The Act refers to residential leases in which the tenancy has a
specific termination date and residential leases in which the
tenancy does not have a specific termination date.  

If the expiration date of the lease can be determined when the
term of the lease commences then the lease has a tenancy with
a specific termination date.  A residential lease that, by its
terms, expires on a stated date is under the Act obviously a
lease with a specific termination date.  But a residential lease
for a specific term from a specified date, such as two years from
a specified date or one month from a specified date, is also
considered by the Act to be a lease with a specific termination
date.  

A residential lease in Florida with a specific termination date, by
its terms, has an expiration date that can be determined when
the term of the lease commences; therefore neither landlord
nor tenant must provide prior notice to the other party for the
term of the lease to expire on the appropriate date.  But while
no notice is required at the expiration of a lease with a specific
termination date, it is good practice for such a notice to be sent,
usually by the landlord to the tenant, but the tenant can also
send the notice to the landlord.  Providing such notice ensures
that there is no confusion between the tenant and landlord and
if the notice is provided in advance of the termination date of
the lease then any disagreements between the parties can be
resolved before the expiration of the lease.

Residential leases in Florida that do not have a specific
termination date require written notice to terminate the tenancy
because until such time as the termination notice is properly
given, the term of the lease will continue to automatically renew.
 For a lease that does not have a specific termination date, the
length of the initial term and the length of each subsequent
renewal term is determined by the period for which rent is paid.  
If each rental payment entitles the tenant to occupy the leased
residential premises for one month then the lease is month to
month and the initial term is for one month and each
subsequent renewal term is one month.  Or if each rental
payment entitles the tenant to occupy the leased premises for
one week then the lease is week to week and the initial term is
for one week and each subsequent renewal term is one week.

If the notice to terminate a residential lease that does not have
a specific termination date is not properly given then the lease
will automatically renew for an additional renewal term at the
end of the current renewal term, the tenant will have the right to
continue to occupy the leased premises for such additional
renewal term, and the landlord will have the right to receive
another rental payment.

The notice to terminate a residential lease in Florida that does
not have a specific terminate date can be given by either the
landlord or the tenant but it must be in writing and delivered in
accordance with any requirements for notices included in the
lease.  

The notice must be delivered to the recipient of the notice a
certain period of time before the expiration of the current
renewal term.  The period of time before the expiration of the
current renewal term by which the notice must be delivered is
dependant on the type of residential lease to be terminated.   
The notice to terminate a year to year residential lease that
does not have a specific termination date must be delivered no
less than 60 days before the expiration of the current renewal
term.  The notice to terminate a quarter to quarter residential
lease that does not have a specific termination date must be
delivered no less than 30 days before the expiration of the
current renewal term.  The notice to terminate a month to month
residential lease that does not have a specific termination date
must be delivered no less than 15 days before the expiration of
the current renewal term.  And the notice to terminate a week to
week residential lease that does not have a specific termination
date must be delivered no less than seven days before the
expiration of the current renewal term.

But, regardless of the type of residential lease, the landlord and
the tenant can always mutually agree to terminate the lease.  
An agreement to terminate a residential lease should be in
writing to evidence such agreement and to ensure that there is
no confusion among the parties.


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Law Office of
Craig W. Little, P.A.