Always talk to a lawyer! For the moment, while you wait for your attorney to return your voice message or your e-mail, I'll share with you what I do. So, I got the new listing and I told the seller that if they work on the curb appeal I can get them more money and sell it faster. When they say, "Great, let's do it!" This is what I need to know first... what kind of lease do they have?
To terminate an oral agreement, or a written agreement with no termination date, the tenant or the owner can give written notice stating that they intend end the rental agreement.
If the rent is paid weekly, you must give notice at least 7 days before the next rent payment is due. If you give the correct notice, the lease is terminated with the last rent payment.
If the rent is paid monthly, you must give notice at least 15 days before the next rent payment is due.
A written lease will usually specify a termination date. On that date, the lease is over and the tenant must leave. No notice from or to the landlord or tenant is required.
If your seller changes their mind and decides they need the rental income, a lease may be extended if both parties agree to the old terms. If they modify the agreement there must be mutual agreement. The agreement to extend should be written on the face of the lease, or in a letter. Keep a copy!
For help selling your property that has a tenant call me at (305) 522-1398 or e-mail me at MayaMarieThomas@Hotmail.com.
Maya M. Thomas
REALTOR®
(305) 522-1398
MayaMarieThomas@Hotmail.com
http://www.ShowcasePortfolioProperties.com
http://www.myspace.com/topkeysrealtor
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Hey Maya,
Great points. I would love to see additional post that cover tenant /landlord law for Florida...If you can.
Sean Allen
My leases require 30 day notices from time of when the next payment is due. Love the Keys, but since they changed the building permit rules in Monroe, is now unaffordable. Still go down to visit old friends and neighbors in Key Largo.
Former Conch Republic Citizen
Rick
Sorry, I'm not a lawyer so I can only give some basic personal experiences that I've had that I hope will help other people. Thank you for your comment.
My best,
Maya
Hi Rick,
Sorry we lost you! Maybe I'll meet you one day on one of your visits to the Keys. My office is on your way to Duval Street if you ever make it to Key West. It's a yellow building on the corner of Truman Avenue and Eisenhower.
Best wishes,
Maya