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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33802
Experience:  Attorney for over 15 years, landlord 26 years
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I have a few single family homes that i have rented.

Customer Question

HI, I have a few single family homes that i have rented. they are to long time renters. they have meet their initial 1 year lease and the lease defaults to month to month at the end with the tenant to give 60 days notice before they vacate. my question is this, the property values have gone up and I may be interested in selling one or more of the properties. The main property i am interested in selling is being used as an assisted living facility but the renter. what legal issue do i need to consider if I chose to put the property up for sale. do i need to evict or give notice of the pending sale. I do not think any future purchaser would be interested in continuing to rent out the property. thank you for your assistance. oh and I am in the state of Florida.
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 8 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..From a purely legal perspective, you don't have to notify the tenant of your intentions about selling if you don't want to. The tenant has no inherent right to know about your personal financial decisions regarding the property and if you chose to sell it with them in the property, then the new owner would just become their new landlord under the same terms and conditions as the existing month to month lease..If you wanted to terminate their tenancy and evict, then if the lease doesn't require you to give a 60 day as well, under FL law, you can give them a 15 day notice to terminate a month to month tenancy and then file a formal eviction action after that to get a judgment and writ that the sheriff would execute to force them to vacate..You would need to give them at least 24 hours advance notice in the event of any inspections or showings to potential buyers unless your lease required a longer notice..As an aside, in addition to being an attorney, I have also been a landlord for over 26 years.....thanksBarrister
Expert:  Loren replied 8 months ago.
Is the FIRPTA listed as a document in the contract which the parties agree to provide at closing? That is usually boilerplate and would subject the buyer to a claim for breach if she refused?
Expert:  barristerinky replied 8 months ago.
Hello again, Not sure what happened with the other expert there.... must have crossed a wire.. .Did you have any further questions that I can help with?..thanksBarrister

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