In many phone conferences with landlords, I have been told “there is no lease” meaning there is no signed agreement. Sometimes landlords think that the fact that there is no signed agreement will benefit them in some way or make the eviction move more quickly. That is not the case. Believe it or not, Florida’s landlord-tenant act does not contain the word “Lease”. Instead, it contains the phrase “Rental Agreement”.
A 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.
Florida’s landlord-tenant act treats written rental agreements (Written Leases) and oral rental agreements (Oral Leases) the same. There is no advantage to having an oral lease as opposed to a written lease when filing an eviction against a tenant. And when a landlord tells me that “there is no lease”, chances are that there actually is — an oral lease.
Let Pinellas County Eviction Lawyer, Daniel Kortenhaus help you with your Rental Agreement (Written Lease) – contact today!
No, the landlord does not get to keep the tenant’s personal items. At the end of an eviction case, when the sheriff delivers the completed writ of possession to the landlord, the tenant’s personal items should be carried out to the sidewalk and photographed.