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

[Joseph Alexander]

I would think that the month-to-month was created upon acceptance of the
December rent. 

 

 

Thank you,                          P Think before you print.

 

Joseph N. Alexander 

POTTER CLEMENT BERGHOLTZ ALEXANDER

308 East Fifth Avenue

Mount Dora, Florida 32757

Phone:  352.383.4186

Fax:       352.383.0087

jalexander at pcba-law.com <mailto:jalexander at pcba-law.com> 

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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. 

 

 

 

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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