Lease expiration creates a three way avenue for landlords. They may either chose to quit the lease (though, this avenue would legally have to be brought to the attention of the leaseholder at the commencement of the lease agreement, as reasonable notice on a one year lease, is one year.), renew the lease agreement for another period of time, or continue the terms of the original lease on a sufferance basis (meaning a time to time situation, or more commonly known as the month to month agreement).
If a landlord should elect to continue the terms of your original lease on a sufferance, or month to month, basis - he or she would be required to give you one months advanced notice that they wish to quit the tenancy at sufferance.
Tenant rights if my lease has expired and I am giving the landlord a 30 notice to vacate,can I be evicted?
No. If the property is about to be foreclosed, the landlord has no obligation to give the tenant any notice of anything. After the foreclosure, the landlord will have nothing to do with the tenant.
James C. Hauser has written: 'Florida residential landlord--tenant manual' -- subject(s): Landlord and tenant 'Texas residential landlord-tenant law' -- subject(s): Landlord and tenant
Under the landlord/tenant act in Florida and in most states, the landlord may not kick you out with only 24 hour notice. Depending on why the landlord is kicking you out, advanced notice must be issued, and the landlord cannot force you to move unless a judge signed an order of such. The exception to this rule is if the dwelling is uninhabitable.
NO
The process is the same for any tenant the landlord wants to evict. First the tenant must be served a 30-day notice if the rent is month-to-month, even if the "tenant" has not paid one penny towards their rent (if you agreed to let them live there rent-free) When the 30-day notice has expired you must then file eviction proceedings. First you must serve a three-day notice stating that they must pay their rent or move out. When that notice has expired you must then file a petition or complaint for eviction. Each state has their own process by which this must be done. In Florida you must file the petition with the county court's clerk's office. A summons will then be served upon the tenant by a sheriff's deputy and the tenant must follow the directions on the Summons regarding how to answer their Summons.
Yes, in case of emergency (flood, etc.). If no emergency, landlord is still entitled to come in just to look around if he gives the tenant 12 hours notice (at least in Florida). Of course,that is not to say the landlord should be popping in every week!
Yes, if proper notice is given to the Tenant.
A security deposit is a refundable deposit that a tenant pays to their landlord before they move into a property As long as a tenant abides by the terms of their lease, this deposit should be returned to a tenant when their lease has expired. There are certain situations where a landlord is allowed to keep all or part of a tenant's security deposit.
Normally the landlord must give at least a 30-day notice before the expiration of the lease that he will not renew it, so the tenant must leave. There is one exception: if the tenant is in violation of the terms of the lease, the landlord may terminate the lease and give such short notice for the tenant to leave.
no
Not really: a landlord can reclaim their property at the end of a lease-- no material reason needed-- or give notice to a month-to-month tenant (or week-to-week, if applicable).