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Old 01-11-2016, 04:48 PM
 
Location: Dude...., I'm right here
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It's not absolute or by law. It's just that this is usually not the case.

Have you ever come across a residential lease with a right of renewal?


Quote:
Originally Posted by Corn-fused View Post
Since when? If it is specifically stated in a lease and it does not go against state law then it should be enforceable.


Do you have proof of that information that you can post a link(s).
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Old 01-11-2016, 05:09 PM
 
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Quote:
Originally Posted by 1ondoner View Post
It's not absolute or by law. It's just that this is usually not the case.

Have you ever come across a residential lease with a right of renewal?

Well, you were pretty adamant in your statement hence my reason for asking.


And yes, I have heard of it. The OP has one in their lease

I don't live in FL however, just because it is 'not usually the case', it does not mean it can't be done or possible

Pretty much anything can be put into a lease (within reason) as long as it is not illegal or contradicts state rental laws.
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Old 01-11-2016, 05:18 PM
 
Location: Kansas City North
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My interpretation, FWIW, is that IF the lease is renewed, the rent increase will be no more than 5%. But like any standard lease, the landlord can choose not to renew, just as the renter can choose not to renew.
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Old 01-11-2016, 05:40 PM
 
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OP, according to this the 'option to renew' clause written in your lease is enforceable.
Landlords Rights and Duties in Florida:
https://books.google.com/books?id=XU...clause&f=false
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Old 01-11-2016, 05:45 PM
 
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Quote:
Originally Posted by Okey Dokie View Post
My interpretation, FWIW, is that IF the lease is renewed, the rent increase will be no more than 5%. But like any standard lease, the landlord can choose not to renew, just as the renter can choose not to renew.
An OPTION TO renew is a legal right the landlord is giving the tenant. Florida courts have ruled for tenants on lease renewal options so long as the option is clear. In this case, the OP stated the OPTION was added into the contract by the landlord. If the landlord wanted standard lease renewal process, they had no reason to add that to the contract. Once again, an "option" is an actual legal right being given from one person to another.
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Old 01-11-2016, 05:53 PM
 
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Quote:
Originally Posted by Rabrrita View Post
An OPTION TO renew is a legal right the landlord is giving the tenant. Florida courts have ruled for tenants on lease renewal options so long as the option is clear. In this case, the OP stated the OPTION was added into the contract by the landlord. If the landlord wanted standard lease renewal process, they had no reason to add that to the contract. Once again, an "option" is an actual legal right being given from one person to another.

Exactly
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Old 01-11-2016, 07:02 PM
 
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Quote:
Originally Posted by 1ondoner View Post
Unlike commercial leases, residential leases have no right of renewal. You should have signed a lease for your intended length of stay if you had planned on staying beyond 1 yr.

However, you can refuse to vacate the property and have the court kick you out.
Florida residential leases are not allowed for longer than 1 year unless certain signing conditions occur. These conditions, I think, are there are 2 witnesses to the lease signing, other than landlord and tenant.

That might be why the lease had the option for a 2nd year, because then it's officially not a 2 year lease.
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Old 01-11-2016, 07:11 PM
 
Location: Dude...., I'm right here
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in this case it looks like the OP might have been under the impression they were signing a 2 yr lease and this is why this option was added later.


Quote:
Originally Posted by sware2cod View Post
Florida residential leases are not allowed for longer than 1 year unless certain signing conditions occur. These conditions, I think, are there are 2 witnesses to the lease signing, other than landlord and tenant.

That might be why the lease had the option for a 2nd year, because then it's officially not a 2 year lease.
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Old 01-11-2016, 07:24 PM
 
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Thank you for this. There is clearly an option to renew - I was just uncertain if the option had to be exercised by both tenant and landlord. The more research I do, however, seems to indicate it is solely at the benefit of the landlord.

The landlord clearly wrote in my right to renew - so if I exercise that right, I don't see how it would be any different than the landlord asking me to vacate six months into a 1yr lease.

Quote:
Originally Posted by Rabrrita View Post
An OPTION TO renew is a legal right the landlord is giving the tenant. Florida courts have ruled for tenants on lease renewal options so long as the option is clear. In this case, the OP stated the OPTION was added into the contract by the landlord. If the landlord wanted standard lease renewal process, they had no reason to add that to the contract. Once again, an "option" is an actual legal right being given from one person to another.
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Old 01-11-2016, 08:26 PM
 
2,727 posts, read 2,834,646 times
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Quote:
Originally Posted by Corn-fused View Post
OP, according to this the 'option to renew' clause written in your lease is enforceable.
Landlords Rights and Duties in Florida:
https://books.google.com/books?id=XU...clause&f=false
This is a great find, thank you very much.
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