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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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I am creating a lease /boarder. How do I word the lease so

Customer Question

I am creating a lease for roommate/boarder. How do I word the lease so that I can ask the roommate to move out if I want to?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 8 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

If the lease is month-to-month, you can ask the roommate to leave at any time by giving notice at least 15 days prior to the end of the month. Fl. Stat., Section 83.57. If the lease is week-to-week (meaning rent is paid weekly), then you could give notice 7 days before the end of a weekly period. Making the lease month-to-month or week-to-week will give you flexibility to ask the roommate to leave if things aren't working out, as long as the roommate agrees to that short of a term. Month-to-month is good for roommate situations because it also gives the roommate an out if things aren't working.

There unfortunately isn't any language you can put in a lease for a longer set term that would let you cancel without notice to the tenant. You'd never be able to make them leave with less than 7 days notice unless it was due to the non-payment of rent. Any clause that said otherwise would be unenforceable.

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