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Irwin Law
Irwin Law, Attorney
Category: Landlord-Tenant
Satisfied Customers: 6851
Experience:  Attorney 35 years extensive and active real estate practice; represents both landlords and tenants
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May you let us know how much notice shall we include in future Florida Leases Sale

Customer Question

May you let us know how much notice shall we include in future Florida Leases for the Sale of the Landlord's Property prior to the Tenant check-in date of a short term vacation residential Lease and an appropriate clause that we shall include in the Lease.
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  socallegalwork replied 7 months ago.
A landlord can sell its property at any time, but the sale would be subject to the lease. So if there is an existing tenant and the property is sold, the new owner (buyer) would be the successor in interest to the lease as the landlord. The tenant must be allowed to finish the term of the lease. If the tenant is leasing "month-to-month" then you or the new owner will have to give the required notice that is necessary whenever you wish to evict a month-to-month tenant without cause. If you choose to sell the property, you will have to give the tenant reasonable notice whenever your agent or a prospective buyer wishes to see inside the property. If you are concerned about a tenant cooperating with your desire to show the property to prospective buyers, you can explicitly provide that a certain number of hours notice will be provided to a tenant before the property is is shown and the tenant must comply or be in breach (and subject to eviction) as long as the notice is valid. As for selling the property, if the tenant is in a fixed term lease and you do not wish to wait for the term to expire before selling the property, then you will have to find a buyer willing to buy the property subject to the lease. i hope this helps to clarify the situation.
Customer: replied 7 months ago.
Thank you for your prompt response. However, our inquiry refers to the Cancellation Clause language to include in the Lease including how much advanced notice would you recommend in the Clause if Landlord Sales a short term vacation rental prior to Tenant check-in date. In this matter, the new Owner is irrelevant.
Best regards,
Expert:  socallegalwork replied 7 months ago.
Okay. I understand your specific inquiry better. Cancellation clauses are typically for the benefit of the landlord to ensure the tenant doesn't cancel at the last minute. As a result, landlords often require 6 to 8 weeks for a cancellation to occur without the tenant incurring a monetary penalty. I'm not sure you want to saddle yourself with a period of time that long. On the other hand, tenants have made plans, meaning making a number of financial arrangements, to occupy the property.The best answer for you is naturally going to be dependent on the period of time you typically rent out the property. Does "short term" mean 3 days or 3 months? Another factor is how far along in the process you are as far as listing the property. Has the property been listed already? If the property is already on the market, or soon will be, and you are renting the property out for a period of weeks or even months then I can certainly see your concern. You need to make the cancellation period reasonable. One day, for example, is not reasonable. You should consider giving the tenant a reasonable period of time to make alternative arrangements to avoid future legal problems. Depending on your situation, two weeks might be much more reasonable. You should also include in the clause a provision stating that any deposit made by the prospective tenant will be returned- again to avoid legal action by an angry cancelled-on tenant.I would make the clause is prominent, with the relevant provisions (notice period) emphasized in capitals or bold, so the tenant cannot later claim the clause was hidden or obscure.
Customer: replied 7 months ago.
thank u and i'll review your reply and
contact you tomorrow since is 5:34pm and i need to be with my family.
Customer: replied 7 months ago.
Thank you for your response. Again, our inquiry is clear and refers “to the Cancellation Clause language to include in the Lease including how much advanced notice would you recommend in the Clause if Landlord Sales a short term vacation rental prior to Tenant check-in date.” The intent of the clause, is to insure protection of the Landlord upon the Sale of the Landlord Property and not to insure if the Tenant doesn’t cancel at the last minutes as addressed in your first paragraph of your latest response.
Short term rental is generally defined as any rental less than one month. I’m not sure if JustAnswer still understands what we need, so if is OK for the benefit of both of us if is OK with you, lets cease this conversation back and forth that is taking our time?
Expert:  Irwin Law replied 7 months ago.
Good morning. Being a vacation renter myself, as well as a real estate lawyer, I understand your question very well.. I can answer your question if you are still interested in dealing with us here. Please advise. I am on Eastern time.