Owning a rental property can be a great way to build wealth. This is particularly true in Florida, where there are many opportunities for short- and long-term rentals. Yet, at the same time, being a landlord comes with its share of headaches - such as complying with Florida law about providing written notice when you don’t want to renew a tenant’s lease.
Generally, landlords must provide notice based on the terms of a lease or, if there isn’t a rental agreement, based on the length of the tenancy. A lease non-renewal letter should contain basic information, such as the property's location, the date the tenant must vacate the unit, and what will happen if they do not vacate. We have included a sample lease non-renewal template that you can adapt for your own rental properties.
At Eaton Realty, we manage properties for landlords throughout the West Central Florida area. Our property management services are comprehensive and include everything from tenant screening to property maintenance, lease non-renewals, and evictions. Reach out to talk to a real estate team member about your property management needs.
A lease non-renewal letter is the opposite of a lease renewal letter. You aren’t evicting your tenants but simply choosing not to renew the lease after the term has expired.
There are many reasons why a landlord might choose not to renew a lease, including:
Importantly, it is illegal under both Florida and federal fair housing laws to discriminate against a current or prospective tenant based on their race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, or disability. Similarly, you cannot illegally retaliate against tenants. You may face significant fines and penalties if you discriminate or retaliate against a tenant.
Under Florida’s landlord-tenant law, a rental agreement with a specific lease term (such as a one-year lease) may contain a provision that requires the tenant or the landlord to provide written notice that the tenant will either be leaving at the end of the lease term or that the landlord won’t be renewing the lease. The lease should define the notice period, but it cannot be less than 30 or more than 60 days for either the landlord or the tenant.
If the tenancy doesn’t have a specific term (such as a month-to-month rental), then a landlord must provide the tenant notice of non-renewal based on the length of the tenancy. A year-to-year lease will require no less than 60 days’ notice, while a quarter-to-quarter tenancy will require no less than 30 days’ notice. For a month-to-month tenancy, the notice should be no less than 15 days, and for a week-to-week tenancy, the notice should be 7 days or longer.
Complying with these laws is important to avoid any legal complications. Tenants have certain rights under Florida law. If you violate these laws - or even the terms of your own lease agreement - then a tenant could file a claim against you. An experienced Hillsborough County property manager can keep track of your rental properties and ensure that you give proper notice if you plan to not renew a tenant’s lease at the expiration of the lease term.
A lease non-renewal letter should contain certain basic information. While Florida law does not specify what this written notice must provide, it should typically include:
If your tenant does not vacate the property on the date, you cannot engage in self-help eviction (such as by changing the locks). You must go through the formal legal process of eviction - even though the tenant is illegally holding over and has no right to possess the rental property. Through eviction proceedings, you can seek double rent for the time they stayed in the apartment after the lease expired.
Eaton Realty has managed rental properties across Hillsborough County for over 20 years. In that time, we’ve helped many landlords draft and deliver non-renewal lease letters. We’re giving you the template we use at no cost. Click the button below to download our lease non-renewal template that you can adapt for your own rental properties.
Without a doubt, owning rental properties can be a terrific way to build financial stability and gain equity. In an area of the country where property prices and rents continue to increase, becoming a landlord can help you build quite a nest egg for the future. That said, dealing with tenants can often be a hassle - especially when crossing all of your “t’s” and dotting all of your “i’s” legally.
Eaton Realty is a Tampa property management company that helps investors and landlords throughout Hillsborough County with their rental properties. As a member of the National Association of Residential Property Managers (NARPM), the team at Eaton Realty follows the highest professional standards in property management, including continuing education and access to strategic relationships. We offer a full range of property management services, including preparing your investment property for listing, marketing the property, collecting rent, dealing with maintenance requests, and handling lease non-renewals and evictions.
To learn more about our property management services, fill out our online contact form or call our office at 813-672-8022.