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Author Topic: How do I notify my tenant I won't be renewing?  (Read 5986 times)

Offline Redstar1324

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How do I notify my tenant I won't be renewing?
« on: January 24, 2016, 08:35:07 pm »
Nothing in Section 83 (Landlord and Tenant) of the Florida Statutes says anything about notifying tenants if you don't wish to renew.

I have a feeling they will stop paying me if I tell them this too far in advance, but I also don't want to just kick them out the day of.

I don't know what happens when a lease expires...

I can't find it in the statutes... Here is the residential part of Section 83...

http://leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/0083PARTIIContentsIndex.html

Offline javipa

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Re: How do I notify my tenant I won't be renewing?
« Reply #1 on: January 24, 2016, 09:11:08 pm »

Nothing in Section 83 (Landlord and Tenant) of the Florida Statutes says anything about notifying tenants if you don't wish to renew.

I have a feeling they will stop paying me if I tell them this too far in advance, but I also don't want to just kick them out the day of.

I don't know what happens when a lease expires...

I can't find it in the statutes... Here is the residential part of Section 83...

http://leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/0083PARTIIContentsIndex.html


Your best practice is to notify the tenant at least 30 days prior to the expiration of agreement. 

>>In California, we're required to give tenants, who've lived in the premises for a year, or more, 60 days notice.

Normally, you send the tenant a renewal notice, more than 30 days prior to the expiration date of the existing lease.  This notice would indicate any changes in the rents or terms, and/or and include a formal Notice To Quit, in the event the tenant refuses to sign the lease renewal.

The problem comes when a tenant has been in the property for a long time.  Some judges makes it very hard for landlords to remove a tenant for any reason, other than not paying.

In fact, some states require the landlord pay to relocate the tenant, in the event of a remodel, or upgrading situation.

Give the tenant a date-certain, Notice To Quit, that's more than 30 days before the lease expires.  Call it a day.

If they scream and yell, and put up fits and threaten to sue, show them what it will cost them, if they don't cooperate, and then make a "cash for keys" offer.  They'll take the cash.  Trust me.  It doesn't have to be a lot of money.  Figure how much legal and credit losses you might have to fork over, and offer them half that, if they're out by the deadline ...and everything's clean and sparkly. 
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Offline Redstar1324

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Re: How do I notify my tenant I won't be renewing?
« Reply #2 on: January 27, 2016, 10:23:07 am »
If I give them a 30 day notice of non-renewal and they decide they aren't going to pay me for those 30 days, how do I collect that?

It wouldn't be an eviction at that point because they're already gone.

Whatever the process is, if I proceeded in trying to collect the back rent, it would cost me in court fees and would damage their credit if a judgement was placed against them.

I should probably ask this to the courthouse.

Offline thepropertyhoarder

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Re: How do I notify my tenant I won't be renewing?
« Reply #3 on: January 12, 2018, 09:38:19 pm »
I agree; give them 30 days notice and I would send it certified mail with no return address so that they sign for it without knowing who it's coming from.

 




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