Rental Basics in 33308>Question Details

Nancy Whitfi…, Renter in Fort Lauderdale, FL

Is a lease written in the state of FL legal if it specifies longer than 12 months; and is this also true in cases when a realtor is not involved such?

Asked by Nancy Whitfield, Fort Lauderdale, FL Thu Jun 3, 2010

as a private owner renting his property? Thanks.

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Hi Nancy,

Rather clearly it does matter what state you are in. In Florida, a lease of less than 6 months is considered to be the same as a hotel stay and is subject to hotel tax. A lease of 6 to 12 months falls under the protection of the Florida Landlord/Tennat Act (see: http://www.800helpfla.com/landlord_text.html). A lease of more than 12 months is considered a commercial contract and in theory should be drawn up by an attorney. When I do rental I always advise my clients NEVER to sign a lease of more than 12 months in Florida. If you want a longer term then consider signing back to back leases of 12 months or less.

Good luck.
1 vote Thank Flag Link Fri Jun 4, 2010
I don't think it matters what state you are in as far as a lease goes in that it is an agreement between 2 parties - the time frame can be 3, 6 months, 12, 24 months or longer - it is whatever is agreed to between the landlord and tenant - nothing says a lease has to be for 1 year (12 months) to be "legal".......with or without a realtor..

Of course, I must say I am not an attorney, so this isn't legal advice!
0 votes Thank Flag Link Thu Jun 3, 2010
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