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  1. #1

    Default Can a Landlord Demand Late Fees on a Month to Month Tenancy With No Written Lease

    My question involves landlord-tenant law in the State of: FL

    Also, what is the difference between the eviction process regarding month to month / year long (written) leases etc? Is it easier to evict without a lease?

    I have been after him for a lease and he refused, now he's attempting to collect an unspecified (at this point) late fee. When I emailed about being late he replied "that's fine, there will be a late fee" (to clarify.)

    My rent is late because I had to put my dog to sleep, and has never been late before. I'm sure that doesn't matter but I wanted to clarify a reason.

    I apologize for any lack of clarity or mistakes. No coffee

  2. #2
    Join Date
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    Default Re: Can a Landlord Demand Late Fees on a Month to Month Tenancy W/Out a Lease

    If no late fee has been specified, a landlord cannot pull one out of his/her hat.

    You may be confusing TERMINATING a month to month tenancy with EVICTING a tenant on such a lease.

    It is very easy to terminate a month to month tenancy. In Florida, either party only has to give 15 days notice prior to the end of the month (if the rent is paid monthly) to end the tenancy. It's even less time if the rent is paid on a weekly basis. No reason for terminating the tenancy need be provided.

    The steps needed to EVICT someone remain the same no matter what type of lease (month to month or written) they are under.

    I hope this makes sense.

    Month to month tenancies are fine for tenants if there's a chance they need to leave quickly (for example, they are students or they have employment that might transfer them to another location) but boy, they offer no real security to those who want some stability in terms of remaining in a rental unit longer.

    Gail

  3. #3
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    Default Re: Can a Landlord Demand Late Fees on a Month to Month Tenancy With No Written Lease

    Late fees are a matter of contract, so a landlord can only require a (reasonable) late fee if you've agreed in your lease.

    As Gail indicates, the landlord can end your tenancy upon proper notice and, if you don't move by the end of the notice period, can commence an eviction action. A lease with a defined term prevents the landlord from evicting you without proper cause prior to the end of the lease term.

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