The dynamics between tenants and landlords can be intricate, especially when properties change hands. In Florida, the regulations surrounding eviction notices for month-to-month tenants when a landlord sells the property are specific. The short answer is a notice of 15 days. That said, there are important nuances that warrant investigating.

The Ideal Tenant-Landlord Relationship

In a perfect world, tenants and landlords maintain open lines of communication, ensuring no surprises. However, real-world scenarios can differ, leading to situations where tenants find themselves facing unexpected eviction notices. Recognizing this, many states, including Florida, have established guidelines to ensure fairness and clarity.

Lease Transfers and Property Sales

When a landlord decides to sell a property, the existing lease typically transfers to the new owner. This means that tenants continue to pay rent to the new owner, and the terms of the original lease remain unchanged. However, challenges arise when there isn’t a fixed-term lease, and the tenant rents the property on a month-to-month basis.

Florida’s Regulations on Month-to-Month Leases

For month-to-month tenants in Florida, the eviction notice period is notably short. Landlords are required to provide a mere 15-day notice for non-renewal of the lease, regardless of the reason, be it property sales or otherwise. Given the brevity of this period, tenants are encouraged to maintain proactive communication with landlords, staying informed about any potential property sales or changes.

Property Access for Inspections and Showings

During the property sale process, landlords might need to access the property for inspections or to showcase it to potential buyers. While this can be intrusive for tenants, most states, including Florida, mandate a minimum 24-hour notice for such visits. Tenants are expected to accommodate these requests, ensuring the property remains accessible for these purposes.

Empowering Tenants: Know Your Lease and Rights

Given the complexities surrounding property sales and tenant evictions, it’s crucial for tenants to be well-versed with their lease agreements. An experienced attorney can offer invaluable insights, ensuring tenants are aware of their rights and obligations. For instance, if landlords neglect property maintenance, tenants might have legal grounds for actions such as rent withholding.

Engaging with New Property Owners

Proactive communication can be a game-changer. If a tenant learns about an impending property sale, reaching out to the new owners can be beneficial. The new owners might be open to continuing the rental arrangement, providing the tenant with additional time to find alternative housing.

Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.

Conclusion

The sale of a rented property in Florida, especially with month-to-month tenants, requires careful navigation to balance the rights of both tenants and landlords. By staying informed, maintaining open communication, and seeking legal counsel when needed, tenants can better manage such transitions.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.