As Florida Eviction Lawyers, we receive every type of question affecting Landlord and Tenant Rights. While some are more common, two questions that we have received lately are addressed below.
Florida Employment Rentals And Death Of A Florida Tenant
How does Florida Employment Rental affect a Tenant’s Rights?
According to §83.46, when a property is provided to a tenant without rent as part of their employment, the rental period is determined by how often their salary is paid. For example, if wages are payable weekly or more frequently, then the tenancy is from week to week; and if wages are payable monthly or no wages are payable, then the tenancy is from month to month. However, if they do not receive a salary, the tenancy is considered month-to-month. Accordingly, if they are terminated, their former employer is entitled to rents for use of the property from the day after they are terminated until they vacate. Additionally, the rate of rent is determined by the equivalency of similar properties in the area.
What Happens if a Tenant Dies During a Lease?
A Lease is a contract that expires and terminates at death. If a Tenant dies during the Lease, the Tenancy ends. However, if the lease contains a clause that binds “heirs, successors and assigns” of the tenant, then it continues after the death of the tenant. It can only be cancelled by the Landlord and the heirs. While the latter is not as common, it does exist.
According to §83.59(d), upon termination of the Lease at death, the Landlord may recover possession of the property without the formal eviction process when the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises, rent is unpaid, at least 60 days have elapsed following the date of death, and the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative
To Learn about Florida Employment Rentals and Death of a Florida Tenant, contact 954 Eviction Attorneys, PLLC at 954. 323.2529. We offer Flat Fee Evictions with NO HIDDEN COSTS! 954 Eviction Attorneys, PLLC is the #1 spot in Florida for all of your eviction needs. We handle both commercial and residential evictions, recreational vehicle evictions, mobile home park evictions, landlord-tenant disputes, security deposit recovery, unpaid rent, unlawful detainers, ejectments, and replevin actions.