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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118115
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I leased a 1 bedroom apartment for 12 months, 30 days before

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I leased a 1 bedroom apartment for 12 months, 30 days before the the end of the term I notified the tenant that we will not be renewing the lease and they need to vacate by the end if the month. (They were making a lot of noise and the other tenants complained) The property is in Miami Dade Florida. The tenant told me this is too soon for him and he will vacate only on the 8th of Sep. (i'm not sure if that is even true) what are my options? he was paying the rent that was not the issue. I read somewhere that I need to give 60 days notice prior to the end of the lease - is this correct?
Submitted: 6 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 years ago.
If he stays beyond the lease term, on Sept 1 you serve him a 3 day notice to evict for non payment of rent and if he does not pay the full month's rent and leaves on the 8th then you sue for the rent for the month for his failure to vacate to give you time to properly rent the premises and you would be able to withhold his security deposit giving him written notice you are holding it based on his breach of the lease and failure to leave at the end. Then you can sue for all of your damages for him not abiding by the lease.

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Customer: replied 6 years ago.
but the reason he should be out is because i'm not renewing the lease (and I have the right to do so) can I serve him for non-payment of rent if that is not the issue (BTW each month the rent was due on the 1st and the tenant have 5 courtesy days to pay so until the 6th he was not considered late.
Expert:  Law Educator, Esq. replied 6 years ago.
You are right, but if he is a hold over tenant the only way to legally get him out is through an eviction suit. You can serve him the 3 day notice, but also you can withhold a pro rata share for the days he has not left from his security deposit.
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