Evicting Residential Tenants Without Written Lease Agreements
What is a Lease Under Florida Law?
Prior to starting the eviction procedure, it’s essential to identify the type of lease you possess. The terms “lease” or “residential lease” often lead people to believe that such agreements must be documented in writing. However, this is only the case in certain scenarios as per contract law, a subject that will be elaborated on in a later part of this article. According to Florida law, a residential lease, otherwise referred to as a rental agreement, can take the form of a verbal agreement to reside in a property.
When to Remove a Tenant with an Oral Lease?
As a property owner or landlord, you have the right to initiate an eviction process to remove your tenant if justified reasons exist under the eviction statute. The statute provides multiple reasons for eviction, and you need to ascertain where your situation fits in. It’s important to follow the prescribed eviction procedures, which include serving the tenant with a statutory notice. The typical process of tenant removal commences with the termination of the oral lease by the landlord. Proper termination of the oral lease can provide legitimate grounds for eviction.
Notice to Terminate Oral Lease:
Before proceeding with an eviction under an oral lease, it’s vital to determine the frequency at which you receive rent from your tenant. This frequency, known as the term of tenancy, could be on a weekly, monthly, or yearly basis. Once you’ve established this, you’ll need to give the appropriate statutory notice to your tenant. The following guide outlines the notice requirements for terminating an oral lease based on the term of tenancy:
- For week-to-week tenancies, a seven (7) days’ notice is required to inform your tenant that you’re ending the rental agreement.
- For month-to-month tenancies, a thirty (30) days’ notice is required to inform your tenant that you’re terminating the oral lease.
- For year-to-year tenancies, a sixty (60) days’ notice is needed to inform your tenant that you’re ending the oral rental agreement.
Lease Agreements Exceeding One Year:
Under contract law, leases or rental agreements extending beyond a one-year period cannot be established orally. This is in accordance with the statute of frauds rule. This rule stipulates that any contract that can’t be fulfilled within a one-year timeframe must be put in writing. Consequently, if you’ve set up an oral lease and you’re accepting rent biennially, you’re in violation of the statute of frauds, and your lease becomes voidable. This could potentially provide your tenant with a defense to avoid their lease obligations.
It is important to consult an attorney for assistance when removing your tenant under an oral lease to avoid unnecessary delay and risk of dismissal for improper procedure and filings.
Need help removing someone from your residential real property? Legal Counsel, P.A. focuses on eviction actions. Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.
John Thomas Sannuto III, Esquire
