Legal Question in Landlord & Tenant Law in Florida
Real Estate Rental
What is the legal status of the terms and conditions in a rental lease Agreement when the Agreement expires by its terms and the parties continue to abide by the terms of the expired lease? Can the parties be held legally responsible for lease conditions such as amount of rent, termination of rental time, security deposits, etc.
The lease make no references that would address these types of situations.
Thanks for your help!
2 Answers from Attorneys
Re: Real Estate Rental
The terms of the original lease carry forward.
Re: Real Estate Rental
Generally speaking, in a residential lease, when a tenant holds over after a lease term in a term of years lease expires, that tenant is considered a tenant at sufferance. Even when the landlord continues to accept payment of rent, Florida statutes still consider the tenant to be a tenant at sufferance. Although becoming a tenant at sufferance has implications on when the landlord may retake possession of the premises, the terms of the original agreement that has expired are generally still in effect as to both the landlord and the tenant.
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