Tampa Landlord vs. Tenant Disputes

Do I need a written lease or rental agreement?
The lease or rental agreement is the key document of the tenancy, and must always be in writing. These agreements set out important issues such as:

  • the length of the tenancy
  • the amount of rent and deposits the tenant must pay
  • the number of people who can live on the rental property
  • who pays for utilities
  • whether the tenant may have pets
  • whether the tenant may sublet the property and
  • the landlord's access to the rental property.

What's the difference between a rental agreement and a lease?
There are many legal differences, however, a rental agreement provides for a tenancy of a short period (often 30 days) that is automatically renewed at the end of the period unless the tenant or landlord ends it by giving written notice. For these month-to-month rentals, the landlord can change the terms of the agreement with proper written notice.

A written lease, on the other hand, gives a renter a property interest and a right to occupy a rental unit for a set term -- most often for seven months or a year but often even longer -- if the tenant pays the rent and complies with other lease provisions. The landlord cannot raise the rent or change other terms of the tenancy during the lease, unless the tenant agrees. Unlike a rental agreement, when a lease expires it does not usually automatically renew itself. A tenant who stays on with the landlord's consent after a lease ends becomes a month-to-month tenant, subject to the rental terms that were in the lease.

How can the tenant terminate the legal obligations of the lease?
There are three ways for the tenant to get out of the rental obligation: termination for legal misconduct by the landlord, replacement in the premises by a new tenant, or agreement between the landlord and tenant.

If the tenant moves out before the expiration of the lease, is the lease terminated?
No. The lease does not terminate just because the tenant moves out. The lease is a contract in which the tenant promises to pay the landlord for the right to possess the premises whether the tenant actually lives there or not.

Is the lease cancelled because the landlord sells the building or dies?
Most standard lease forms contain a paragraph on heirs and successors. This paragraph provides that the lease does not expire upon the sale of the building or the death of the tenant. If the tenant dies during the term of the lease, the tenant's estate will continue to owe the rent until legally released; it will also have the right to occupy the premises.

Can the tenant stay after the expiration of the lease?
A tenant who stays after the expiration of the lease is called a tenant at sufferance. The landlord can sue for eviction or can choose to continue accepting rent, thus renewing the lease. The renewal will be on a month-to-month basis or for another year, depending on the terms of the lease and the provisions of the law. Moreover, a provision of the lease or a statute may give the landlord the right to charge double the current rent during the withholding period.

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