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

[Anthony J. Horky]

Daniel:  What does the lease say about this?  Some leases will say that if
the tenant does not notify landlord that it intends to renew lease within
___ days of the expiration date, the tenancy becomes month-to-month after
expiration.  

 

Regards, 

 


 

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Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Dariel Abrahamy
Sent: Friday, December 13, 2013 11:58 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Acceptance of Rent After Lease Expires -
Residential

 

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. 

 

 

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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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