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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34018
Experience:  30 years of real estate practice experience.
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If a tenant breaks their lease and moves out and the

Customer Question

If a tenant breaks their lease and moves out and the roommates refuse to move are they trespassing ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a Florida licensed attorney for over 30 yrs , and I look forward to assisting you.

If you get a writ of possession, evict them and they move back in, then they are trespassing. Until that time, they are still tenants. If they have a lease then they are tenants in a fixed term lease and still liable for the obligations contained in that agreement.

Otherwise, they are month to month tenants and their tenancy can be terminated after 15 days notice before the next rent payment date.