What is needed to terminate the lease of a weekly tenant?
Full Question:
I have a roomate and I rent to him on a weekly basis and he pays me rent on a weekly basis. Will any of your forms work in this situation? Also, will I need a special 'Writ of Possession' document for this situation? I have been told I do from our sheriffs dept because of the fact that they have to remove all persons from the property.
03/24/2009 |
Category: Landlord Ten... ยป Lease Termin... |
State: Florida |
#15747
Answer:
I'm assuming you are the owner and not subletting. In Florida, if a person has no written lease and pays rent weekly, the person is considered a weekly tenant-at-will and is entitled to 7 days' written notice to terminate the tenancy. A writ of possession is a document issued by the court after the landlord wins an unlawful detainer (eviction) lawsuit. The writ of possession is an order of the court that is served on the tenant by the sheriff. The writ informs the tenant that the tenant must leave the rental unit by a certain time period, or the sheriff will forcibly remove the tenant.
The following are Florida statutes:
83.01 Unwritten lease tenancy at will; duration.--
Any lease of lands and tenements, or either, made shall be deemed and held to be a tenancy at will unless it shall be in writing signed by the lessor. Such tenancy shall be from year to year, or quarter to quarter, or month to month, or week to week, to be determined by the periods at which the rent is payable. If the rent is payable weekly, then the tenancy shall be from week to week; if payable monthly, then from month to month; if payable quarterly, then from quarter to quarter; if payable yearly, then from year to year.
83.57 Termination of tenancy without specific term.--
A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:
(1) When the tenancy is from year to year, by giving not less than 60 days' notice prior to the end of any annual period;
(2) When the tenancy is from quarter to quarter, by giving not less than 30 days' notice prior to the end of any quarterly period;
(3) When the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period; and
(4) When the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.