[RPPTL LandTen] Acceptance of Rent After Lease Expires - Residential

[Dariel Abrahamy]

Written lease expires 11/30/13.  Tenant failed to vacate.  Monthly rent is $10K.  Must be a nice house. Tenant then tendered the December rent of $10K to Landlord.  After tender, Landlord filed suit for eviction. Then Landlord cashed the $10K.   Was a month to month lease created here which would be a defense to the eviction?

Would the scenario be different if tenant tendered the $10K after the eviction was filed and landlord accepted it?

I'm trying to figure out when month to months are established after leases expire.  It seems like a landlord should be entitled to rent while the tenant remains without necessarily creating a month to month lease. I am familiar with 83.58.


[gm-horizontal-two-color.jpg]
Dariel J. Abrahamy, Esq.
Greenspoon Marder, P.A.
100 W. Cypress Creek Road, Suite 700
Fort Lauderdale, FL 33309
P: 954-491-1120; F: 954-343-6972
Dariel.Abrahamy at gmlaw.com




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