Legal Question in Landlord & Tenant Law in Florida
oral contract
My lease has expired but I told my landlord that I would stay another year. She said she would put a new lease in my mailbox which she never did.
I need to move to a cheaper place. She has 1st & last and security. Can she keep my security deposit?
1 Answer from Attorneys
Re: oral contract
Hello: I just read your question. You may want to read Fla. statutes that apply online (chapter 83). Since you do not have a written lease, your tenancy is defined by the periodic rent payment. As such, if you pay rent monthly, you have a month to month tenancy. Fla. statutes state the requirements of each party for the termination of the lease agreement.
I believe for a month to month oral lease, either party must give notice of termination to the other in writing at least 15 days before the end of the prior month. I HAVE NOT LOOKED THIS UP FOR THE PURPOSE OF THIS ANSWER, YOU SHOULD CONFIRM BY REVIEWING THAT STATUTE.
As for your deposits, the statutes also specify each party's obligations. For example, if Landlord believes he/she has a right to keep some, he/she has to give notice within a certain time period. Tenant has to respond or demand the deposit within a certain time period. Unless there is damage to the premises, you should get back your deposits. You will not lose it by terminating the lease so long as you give the proper notice. 'Hope this helps. Tokm Rosenblum
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