Tenant-related Issues

Tenant-related Issues

Tenants occupy many properties in Florida. Purchasing homes or apartments with an existing tenant can be challenging.

When buying real estate with tenants, the crucial issue is determining whether the tenant has an existing rental agreement with the prior owner.

In that situation, two options are available. If the new owner wants to continue the landlord-tenant relationship, they must negotiate the terms and sign a new lease. On the other hand, if a tenant has an existing written lease and the purchaser does not want them to continue living in the apartment, the new owner must allow the tenant to continue the lease until it expires. In case of an oral agreement, the purchaser has to give proper notice to the tenant if they want them out.

An eviction notice is a crucial legal instrument, benefiting both the landlord and the tenant. The eviction notice allows the landlords to remove the tenant from the premises legally and avoid legal disputes. On the other hand, it protects tenants from arbitrary and unlawful evictions.

Florida Statute 83.57 deals with an eviction notice. According to law, each party can terminate a tenancy without a specific duration by giving written notice. If a tenancy relationship is from year to year, the landlord must serve an eviction notice not less than 60 days before the end of an annual period. In the case of quarter-to-quarter tenancies, the party must give written notice at least 30 days before the end of a quarterly period. In month-to-month tenancies, the timeframe is at least 15 days before the end of any monthly period. Finally, when the lease period is from week to week, the landlord can terminate it by giving written notice not less than seven days before the end of any weekly period.

When a tenant-related dispute arises, mediation is the surest way to resolve the conflict timely and cost-effectively.