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Is an individual able to write more than a 12 month lease in FL?
Anonymous2 views3 answers
We are renting our townhouse for the first time and have an 18 month lease with our tenant. We have now heard from different sources that no one can have a lease for more than a year in FL, is this true? If so, after a year is it considered month to month at that point?
I reviewed the Florida Statutes. I dont find any provision which says a residential lease has to be a maxium of 12 months. I think an 18 month lease is allowable. If you find info otherwise, contact me and I will review it.
Mr. Stein is correct that there is no requirement that a written lease be limited to 12 months.
What your source may have been referring to is the Statute of Frauds, which REQUIRES that all leases for a term in excess of 12 months to be in writing.
Or to put it differently, a verbal lease is limited to 12 months, and if the lease term is going to be more than 12 months, then to be enforceable it must be in writing.
Your lease must be in writing and must have two witnesses, but there is no limit on the length of the term of the lease. You can obtain a good residential lease form from an experienced real estate lawyer in your area or use the fill-in-the-blank form approved for residential leases by the Florida Supreme Court. If you have any questions about your rights and duties as a landlord, you should contact an experienced real estate lawyer.