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can I renew lease with 2 months time lapse? by kiki (Florida) on October 2, 2017 @11:05

                              
My tenants lease ran out 07/31/17. I am on the fence about selling so did not renew and we are month to month. The HOA wants a signed year lease. Assuming I will keep renting, can I renew the lease we've been using for 4 years now or do I have to start over and create a completely new lease? The original lease was 8 pages but every year I used a 1 page renewal. Can I legally back date a renewal for 08/01/17 and go from there? Tenant wants to renew.
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Re: can I renew lease with 2 months time lapse? by Dondie on October 2, 2017 @17:48 [ Reply ]
I would complete a new lease.
Re: can I renew lease with 2 months time lapse? by Anonymous on October 2, 2017 @18:17 [ Reply ]
Now would be a good time to review and update the lease you've been using. Some parts of it may not be pertinent anymore and you may need to add some new clauses/rules. Start fresh.
thanks for feedback by kiki (Florida) on October 2, 2017 @22:04 [ Reply ]
I will revise a new lease- thanks for your suggestions.
Re: can I renew lease with 2 months time lapse? by Anonymous on October 3, 2017 @13:12 [ Reply ]
The reason you need a new lease is two fold;

1) The original lease has expired. By not renewing, a month to month rental agreement has been created by default under Florida law. You cannot just pretend it does not exist, as it's a binding contract which gives both tenant and landlord certain protections and rights, not included in the original lease. Backdating a new lease could lead to the lease itself, being voided if any conflicts arise.

2) If you have not updated your lease in four years or more, than there is a good change your lease does not include certain lease clauses that are required by Florida law.

Using a "one page" renewal letter is not the correct way to handle a lease renewal.
Re: can I renew lease with 2 months time lapse? by Stephen (Washington (WA)) on October 4, 2017 @14:16 [ Reply ]
You had two questions. I didn't see a response to your 2nd question which was can you back date a renewal. I'm understanding the question as "even if we draft an entirely new document, can the start date be earlier than today perhaps even going back to the end of the previous lease?"

I see no reason why you couldn't have a start date earlier than today.

Why would you want to? It would look to the HOA that you have continuously had one year leases in place. Also, assuming you would have a one year lease, the new one would end earlier than one that started now.
Re: can I renew lease with 2 months time lapse? by Todd (CA) on October 4, 2017 @17:16 [ Reply ]
Does your HOA just *want* a signed year lease, or *require* one? EACH YEAR? I don't see how that could be legal, forcing you to and your tenant to constrain both of you to 1-year cycles.

I would give the HOA the original 4-year-old lease and tell them that it's still in effect, as there was no termination.

I can understand the position of the HOA wanting 1-year leases, to eliminate vacation rentals and to minimize the amount of turnover of rental residents. You've surpassed that preference/rule by years with your even longer-term tenants. The HOA forcing you to force upon your tenants another full year could interfere with an otherwise happy tenancy, triggering them to move out sooner than they would otherwise.
Re: can I renew lease with 2 months time lapse? by Anonymous on October 5, 2017 @12:16 [ Reply ]
You have a valid legal month to month rental agreement in effect. You first, have to give notice to terminate the month to month and than you can sign a new one year lease.

If you fail to terminate the month to month correctly, you may find you have and invalid lease that is unenforceable if issues arise.

Terminate the month to month and update your lease as many landlord tenant laws went into effect in 2014 that you must incorporate into your lease.
Re: can I renew lease with 2 months time lapse? by anon (ca) on November 3, 2017 @23:23 [ Reply ]
Scrutinize your HOA agreement. "They like" a lease means nothing unless it is in your agreement with them.

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