Is an apartment rental company allowed to set a deadline 6 months before the lease is up for you to resign your lease?

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Is an apartment rental company allowed to set a deadline 6 months before the lease is up for you to resign your lease?

They are suggesting that I will lose my apartment if I don’t resign 6 months before the lease is over? Is this legal?

Asked on November 28, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) If the lease contains any terms or clauses requiring an early committment to renewal, such terms or clauses are enforceable.

2) Even if the lease does not itself require you to commit 6 months in advance, remember that your landlord is not required to re-rent to you (again, unless the lease itself says it will). The landlord may very well be entitled to not re-rent to you if you don't give it advance notice--especially if this is a desirable location, building, or unit, and there is a waiting list for apartments, in which case it may choose to rent to someone else.


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