Legal Question in Real Estate Law in Florida

Expired Lease & Security Deposit
Tenant signed 1-year lease. It states deposit will be returned day of walk through. Lease expired & tenant refused to sign another lease. She wrote that she would like month-to-month and rent not raised. I agreed. 1 1/2 years later, after expiration of original lease, they are moving out. A letter was sent stating that the security deposit will be returned within 15 days of walk through. The original lease does not state month-to-month rental or renewal after expiration of lease. They are arguing that I have to abide by the original lease and demand deposit day of walk thru. Is the original lease still valid?

Asked on 10/25/02, 8:05 am

Randall Gilbert Gilbert & Caddy P.A.

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Re: Expired Lease & Security Deposit

I would need to see both agreements before an opinion can be expressed, and there may not be a clear answer.

Answered on 10/25/02, 12:15 pm

David Slater David P. Slater, Esq.

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Re: Expired Lease & Security Deposit

A month to month continues under the obligations of the expired lease.

Answered on 10/25/02, 10:11 pm

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