Legal Question in Landlord & Tenant Law in Florida
My roommate had a lease with me that expired November 2009. He's still living with me, but has not signed another lease. Not the smartest move on my end, I realize. When he moved in, in May 2009, he placed a $1,000 deposit. Since our contract has expired, is he entitled to the deposit? He's currently late on rent and I want to give him 30-day notice to move out. I'm just unsure my options at this point.
2 Answers from Attorneys
Hi. If you had a lease that expired in November, you are probably operating on a month-to-month basis under the terms of the prior lease. In that case you would need to give at least 15 days' notice prior to the end of any monthly period. But the first thing to do would be to read your lease. You should also take a look at Chapter 83, Florida Statutes for further information and/or contact a local attorney.
If he is still living there, you do not have to give him back his deposit until he moves, assuming he is eligible to get it back. You can evict him for failing to pay rent since he is a month-to-month tenant with no lease. A lease is not required in Florida. Also, since you have no lease you can ask him to vacate upon 15 days notice. See the information at http://www.800helpfla.com/landlord_text.html. Regards,
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