Landlord/Tenant & Evictions, Real Estate/Lending, Unlawful Detainer

Do I Have A Tenancy With My Landlord If There Is No Signed Lease Agreement?

Do I Have A Tenancy With My Landlord If There Is No Signed Lease Agreement?
Do I Have A Tenancy With My Landlord If There Is No Signed Lease Agreement?

What I Need To Know If There Is No Written Lease Agreement

A lease agreement is an agreement between the Landlord and Tenant wherein the Tenant leases property from the Landlord for a specific duration of time and the Tenant pays a specific amount of money to the Landlord for the Tenant’s use and possession of the property during that time.  A residential lease agreement or a commercial lease can be in written or oral form to be valid.

According to Florida Statute 83.43(7) “Rental agreement” means any written agreement, including amendments or addenda, or oral agreement for a duration of less than 1 year, providing for use and occupancy of premises.

Our West Palm Beach Landlord-Tenant Attorneys always recommend having a written lease agreement, whether the term is month-to-month, for a year or for even a longer period time.  A written Florida residential lease agreement will help the parties lay out the material terms and requirements for the tenancy. In the event that there is a disagreement or misunderstanding between the parties regarding the tenancy, the written lease agreement will most likely dictate the relief.

We also recommend having a walk-thru of the premises before executing or entering into any written lease agreement. Please make sure to take pictures and note take any damage to the premises before moving in to it.

However, there can be some benefits to an oral residential tenancy which means there is no written lease agreement.  For example, each party can terminate the oral residential tenancy at will.  Some individuals may see this as a negative, but this option gives all parties the flexibility they may need.

What I Need To Know If There Is No Signed Lease

The Law

In Florida, if there is no written lease agreement with your Landlord and the property is for residential use, the duration of the residential tenancy will be the frequency in which rent is paid by the Tenant to the Landlord.  For example, if rent is paid weekly, the residential tenancy would be for a week-to-week term.  If rent is paid monthly, the residential tenancy would be from month-to-month. For more information, please see Florida Statute 83.46.

Even if the Landlord and Tenant hit things off on the right foot from the start, things can sometimes go sideways for a number of reasons. And if they do, having written lease agreement can become a very valuable tool for both the Landlord and the Tenant.

Our West Palm Beach Landlord Tenant Attorneys are here to serve Landlords and Tenants in all aspects of residential and commercial tenancies throughout Palm Beach County and our Great State of Florida. Call The Law Office of Ryan S. Shipp, PLLC today @ 561.699.0399 to see how we can assist.

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