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Marsha411JD
Marsha411JD, Attorney
Category: Landlord-Tenant
Satisfied Customers: 20074
Experience:  Licensed Attorney with 29 yrs. exp in Landlord Tenant issues
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The lease is up and a new owner took over a property a

Customer Question

the lease is up and a new owner took over a property a renter was in place can the new owner increase the rent after the old lease is up?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Florida
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Yes the new owner had fixed every issue paint , fix and put a new water treatment and she will like to change a few items in the new lease
JA: Anything else you want the lawyer to know before I connect you?
Customer: well only if the owner had the right no to continue with the tenant what she will need to do
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  Marsha411JD replied 6 months ago.

Hello,

Thank you for the information and the question. Yes, if the prior lease has expired, the current owner of the property can raise the rent. There is no limit on the amount the rent can be raised. If you are the new landlord and you have not been a landlord before in Florida, it is important that you read the Landlord and Tenant Act so you are aware of all of the sections and what is required under the law. You can see the Act at the following link: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/0083PARTIIContentsIndex.html

If you have clarification questions after you have read the Act, then please feel free to ask. If none, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Customer: replied 6 months ago.
Before the lease expired is an especific time that the owner need to give the notification about the increase in rent and the changes that will take place on the new lease?
Expert:  Marsha411JD replied 6 months ago.

Thank you for your reply. It is important that you read the statute since there are many issues you need to be aware of and it is very lengthy so not subject for me to copy and paste. However, there needs to be notice given 30 days prior to when the next rental period begins. In other words, when, for example the November rent is paid, the tenant would be receiving notice that December rent will be higher.

Customer: replied 6 months ago.
I been reading but I can not find anything about increase the rent can you please let me know where I can find about that please
Expert:  Marsha411JD replied 6 months ago.

I'm sorry, but that is not specifically spelled out in the Act. Many other provisions are. That said, since both a tenant and a landlord must give notice of termination of a tenancy no later than 15 days before the end of the rental period. Because of that rule, the courts have held that notice of rent increases must be supplied at least 30 days prior to the increase so that tenants can make arrangements, if they choose, to give notice of termination and to move.