[RPPTL LandTen] Acceptance of RentAfter Lease Expires - Residential

Fri Dec 13 11:16:04 PST 2013

James is spot on.  It is matter of consent.  If landlord consents to the tenant remaining in possession (ie. accepts rent) a month to month is created.  If landlord does not consent and does not accept rent, it is a tenancy at sufferance.  If rent was accepted, you must terminate the new month to month tenancy with the appropriate statutory notice.  

Michael L. Grant, Esq.

WARREN & GRANT, P.A.

4440 PGA Boulevard, Suite 200

Palm Beach Gardens, FL  33410

Telephone: (561) 681-9494 

Facsimile: (561) 681-9436

www.warrengrant.com <http://www.warrengrant.com/> 

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of James Zink
Sent: Friday, December 13, 2013 1:47 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Acceptance of RentAfter Lease Expires - Residential

That, and this is not part of the residential statutes. If the guy accepted the rent and cashed it, a month to month is created. Even if lease said either side has to give notice, once he accepts rent, the tenant is there for another month, and the landlord needs to terminate pursuant to statute. 

James Zink, Esq.

Florida Rural Legal Services, Inc.

3111 South Dixie Highway, Suite 140

West Palm Beach, FL 33405

Phone: (561) 820-8902 x. 6025

Fax: (561) 820-8892

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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 1:15 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Acceptance of Rent After Lease Expires - Residential

I read that as saying accepting rent after lease expiration does not “renew the 1 year lease term”. That doesn’t mean a month to month isn’t created. 

Dariel Abrahamy

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Daniel S. Carusi
Sent: Friday, December 13, 2013 1:04 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Acceptance of Rent After Lease Expires - Residential

Although in Part I, Non-Residential, why would this same reasoning not apply  to residential?

83.04 Holding over after term, tenancy at sufferance, etc.—When any tenancy created by an instrument in writing, the term of which is limited, has expired and the tenant holds over in the possession of said premises without renewing the lease by some further instrument in writing then such holding over shall be construed to be a tenancy at sufferance. The mere payment or acceptance of rent shall not be construed to be a renewal of the term, but if the holding over be continued with the written consent of the lessor then the tenancy shall become a tenancy at will under the provisions of this law.

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Daniel S. Carusi, Esq.

Daniel S. Carusi. 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 1:00 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Acceptance of Rent After Lease Expires - Residential

Lease is silent on this issue. 

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Friday, December 13, 2013 12:22 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Acceptance of Rent After Lease Expires - Residential

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, 

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F: 561.989.3204          

www.horkylaw.com

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Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

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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