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ranningson

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Posts: 1
Reply with quote  #1 
I own a house in Florida. I have rented it for several years. It has been rented to seasonal rentors. Then I hired a rental agent and rented it to several other tenants. It has always been rented.
I now would like to retire and make this same home my primary residence. What is the law. The current tenant has been there several years and I can not remember when I last signed a lease. I do not want to tell him he has to move too soon because I would like to occupy the house in 11 months or so.
I also want to be the nice guy and do what is right.
I of course say give him a month or so notice and all will be well, but my wife says we have no right to ask him to leave. She would like to know what is the law?
How can I find out?
OHlandlord

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Posts: 3,814
Reply with quote  #2 

If you can't remember when you last signed a lease with him, the tenant is probably no longer under a lease, but is a month to month tenant.  Check your latest lease to be sure there is no automatic renewal clause in the lease that allows them to have another lease by just holding over the previous one.  If none, you can ask him to move out by giving him the appropriate amount of written notice for your state, usually 30 days.  Since the tenant has been there long term, I would give the tenant 60 or 90 days notice to vacate, so they will have plenty of time to find another place to move to.  Why does you wife think they have developed some right to live in your property just because they have been there for a period of time?  I would just talk to your tenant about 90 days prior to you wanting to move in and explain that you need to live there (and hand him the written notice).

MrFurrly

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Posts: 16
Reply with quote  #3 
Its your property, you can tell him to beat it. Unless I charge you $500.00 an hour I can't go over the "legalities" but you can look them up for free http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0083/SEC03.HTM&Title=->2007->Ch0083->Section%2003#0083.03


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