Tenant never moves out when the lease ended Florida statute LL has the right to

Tenant never moves out when the lease ended florida

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Tenant never moves out when the lease ended Florida statute- LL has the right to collect double rent for the period in which T refuses to move out. Statute of Frauds and Leasing Rules: 1. Any lease for more than a year must be in writing 2. The writing must be signed by the person to be bound 3. Writing must identify the essential terms
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1. Essential terms include: the parties, the property, the duration of lease and the rental amount 1. Rules to Remember The law recognizes 4 types of leases: Term of years Tenancy at will Periodic tenancy Tenancy by sufferance If the lease does not meet the criteria for term of years or periodic tenancy AND if the tenant is not a "holdover" the lease MUST BE CONSTRUED AS TENANCY AT WILL Where a deed is NOT ambiguous, extrinsic evidence may NOT be used to show the intent of the parties Landlord's Obligation to Deliver Possession Parties are generally free to negotiate how they want on this issue If deed is silent, then LL- tenant law fills in gap Delivery of Possession- 2 Rules: American - LL is only obligated to deliver the legal right of possession only MINORTIY RULE
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English- LL is required to deliver ACTUAL physical possession, LL makes an implied covenant that he has the legal right to lease the premises and will deliver physical possession. T can either accept or reject lease MAJORITY RULE English v. American rule English Serves the reasonable expectations of the parties LL is in a better position to know if the prior tenant is vacating on time Tenant bargained for space, not for a lawsuit to evict the prior tenant American T has sufficient legal and equitable remedies (suing to evict tenant) LL should not be held accountable for actions of 3rd party Conditions of the Premises (Leasing) A. Tenants Remedies Against Landlord- Common Law A. Historically, tenants remedies against LL were limited B. The conveyance was for the land itself, not the building on the land C. Leases usually had no express covenants forcing LL to repair anything D. Even if the leases contained certain covenants, they were never upheld because they were treated as "independent covenants"
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E. This means that if LL breached the agreement in the clause, T would still be liable for rent. F. Courts not view leases in contract law A. One Valuable Remedy for Tenants under CL- Constructive Eviction Happens when there is a breach of the covenant of quiet enjoyment Breach of quiet enjoyment: Wrongful conduct by LL that substantially interferes with T's use and enjoyment of the lease premises T leaves the premises due to conduct by LL which substantially interferes with T's use of premises. T is therefore not liable for rent and may terminate lease.
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