We often receive phones call from tenants who have just received a notice of non-renewal of their lease agreement from their landlord. The amount of time provided in a notice of non-renewal is often dependent upon the terms of the lease agreement. However, when there is not a lease agreement in place Florida law provides some guidance in this area. Please keep in mind that the same way that a tenant has the option to renew or not renew a lease at the end of the lease term, so does a landlord. Tenants do not need to provide justification for their choice to not renew their lease, and neither do landlords in this type of situation.
The first thing to do when you receive a notice of non-renewal is to review your lease agreement. More often than not, your lease agreement will provide a minimum amount of time that either party needs to provide the other in the event that they choose not to renew the lease agreement. In situations where there is a month-to-month lease the necessary notice may be as short as 15 days, while other situations may require 30 days; however, a rental agreement may not require more than 60 days’ notice from either the tenant or the landlord.
Once you have verified that you have received the proper amount of notice prior to the non-renewal of the lease, your next option is to contact your landlord. If you receive notice from your landlord that they have elected not to renew your lease or your tenancy at the rental property, they should be your first point of contact if you are trying to get more time. Often times although a landlord may not be willing to renew your lease for another year, they may be willing to have you enter into a month-to-month lease. This option may provide you with much needed time to get your affairs in order before you move out of the rental property. Even though your landlord may be willing to give you more time in the property, please keep in mind that they are not necessarily under any obligation to do so.
Unfortunately, in the event that your landlord is not willing to give you more time, and they have followed all proper procedures, Florida law does not provide many other options. In these situations, it may sometimes benefit you to contact an attorney who may be able to better negotiate with your landlord. For this type of representation, we sometimes offer flat fee representation to begin the sometimes lengthy process of attempting to negotiate your extended tenancy at the property.
Our lawyers represent tenants throughout central Florida and are located in Orlando, Florida. Please submit a free case review through our website or contact our office at (407)426-7222 to discuss the specifics of your case with our firm and to receive a quote for our services.