AnnaPG

Termination of Lease by Landlord

7 posts in this topic

HI, 

Many topics are about tenants eviction and failure .

I can't find much info on Landlords rights. I believe there are many reasons for Landlord to terminate the lease as well.

Like sales of the property. How many days notice has to be given to the Tenant?

 

My personal case- 

Tenant knows the property is on the market for sale and cooperating to show it from time to time. 

Two months prior expiration of the lease she asks if she can extend it or needs to look for another place. The extension was signed for another year.

And right after the offer was received on the property which is acceptable for Seller/Landlord.

 

Landlord is offering to cover moving costs, pay difference on rent for the next year for another identical apartment at the same building just one floor up.

Tenant refuses to move stating that lease is just renewed and she is not moving unless Landlord pays for her full rent for the next year and moving costs.

The 60 day notice of termination of the lease was serviced to her.

Is there a specific procedure  in this case in order for tenant to vacate?

 

Thank you

AnnaPG

 

 

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It depends. What does the lease say about termination early be either party? If you signed an extension, without any provision for termination early in the event of sale, the tenant is within their rights to stay and the new owner just became a landlord.

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37 minutes ago, AnnaPG said:

I can't find much info on Landlords rights. I believe there are many reasons for Landlord to terminate the lease as well.

Like sales of the property. How many days notice has to be given to the Tenant?

 

Here's a link to the Florida Landlord and Tenant Act.  It should tell you what you need to know.  Note that selling the property is generally not a valid reason to terminate a lease (other than a month-to-month lease).

 

 

39 minutes ago, AnnaPG said:

My personal case- 

Tenant knows the property is on the market for sale and cooperating to show it from time to time. 

Two months prior expiration of the lease she asks if she can extend it or needs to look for another place. The extension was signed for another year.

And right after the offer was received on the property which is acceptable for Seller/Landlord.

 

Let me get this straight.  You had the property on the market, but you nonetheless entered into a one year extension of a lease with a tenant?  Did you include something in the extension to allow termination of the lease upon sale of the property?

 

 

40 minutes ago, AnnaPG said:

Tenant refuses to move stating that lease is just renewed and she is not moving unless Landlord pays for her full rent for the next year and moving costs.
The 60 day notice of termination of the lease was serviced to her.
Is there a specific procedure  in this case in order for tenant to vacate?

 

I'm not sure what your reference to a "60 day notice" means.  However, in the absence of a provision in the lease allowing for early termination, the tenant holds all the cards here.  If you didn't include such a provision, then you either pay up, try to convince the tenant to take less, or wait out the expiration of the lease.

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43 minutes ago, AnnaPG said:

if i can't terminate the lease, can i increase rent?

 

Unless the lease extension provides for increases during the lease term, no.

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4 hours ago, AnnaPG said:

ok if i can't terminate the lease, can i increase rent? and if yes, would 30 day notice be sufficient?

 

 

I'm going to assume, since you were foolish enough to agree to the year extension, that you were also foolish enough not to leave yourself an out.

 

Therefore, the lease extension is for a year, the same monthly rent is for a year. So, no, you cannot increase rent, nor can you change any of the terms of the lease.

 

I'm afraid you are stuck with the agreement.

 

Make sure you tell whoever made you the offer that they need to accept the idea of being a landlord for a year. If they buy the property and evict the tenants you can be sued for breach of contract and certainly lose.

 

Better start re-marketing the house as a rental property so you can sell it to an investor who wants one.

 

 

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