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Loren, Lawyer
Category: Real Estate Law
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Experience:  30 years of real estate practice experience.
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Florida commercial tenants lease expired. Tenant is month

Resolved Question:

Florida commercial tenant's lease expired. Tenant is month to month. Tenant sold corporation to 2nd corporation who is now in possession of leased premises. Commercial lessor does not want to lease premises to 2nd lessee. 1. Are 15 day notices to vacate same for residential and commercial? 2. To whom does landlord serve - new corporation?
Submitted: 7 years ago.
Category: Real Estate Law
Expert:  Loren replied 7 years ago.
The lease should have been assigned to 2nd corporation at the time of the sale. Inter net that case the tenant is the 2nd corporation and that is who gets the notice. The required notice is one full rental period (usually a month). It is not 30 days. So, a notice of termination given today is not effective until June 1 (any notice after April 1 is the same).
Customer: replied 7 years ago.
Thanks. This 2nd corporation falls into the place of 1st, therefore he is holdover, even though he just retained possession of unit. So 30 day notice to vacate (absent language to lease) is sufficient, and no cause is needed, correct?
Expert:  Loren replied 7 years ago.
No cause needed other than the lease is expired. Not 30 days, though. One full month. Notice given anytime in April is not effective until June 1.
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