What documents are needed to remove a relative from your rental property?
Full Question:
Answer:
When the tenant has no written lease, the tenant is typically considered a tenant-at-will. In Florida, The landlord must given written notice to terminate a tenancy-at-will. The amount of notice that must be given in notice to terminate depends on the time period between rent payments. For example, if rent is due monthly, a month's notice must be given. If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement. Legal holidays for the purpose of this law include court-observed holidays only. If the tenant breaches the lease in a manner other than failing to pay rent, a 7 day notice is possible if the tenant can't remedy the problem, such as destruction, damage, or misuse of the landlord's or other tenants' property by intentional act or a subsequent or continued unreasonable disturbance.
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.
Please see the information at the following links:
http://lawdigest.uslegal.com/landlord-tenant/lease-termination/1297/
http://definitions.uslegal.com/l/landlord-tenant-termination/
http://definitions.uslegal.com/t/tenant-at-will/
http://lawdigest.uslegal.com/real-estate-laws/leases-and-rental-agreements/
http://lawdigest.uslegal.com/real-estate-laws/landlord-tenant-rights/
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0083/SEC56.HTM&Title=-%3E2008-%3ECh0083-%3ESection%2056#0083.56
