Prior signed lease deposits when tenant becomes month to month

Prior signed lease deposits when tenant becomes month to month

Member since 2019 · 2 posts · 0 votes

PLEASE HELP CLARIFY THIS ISSUE WITH DEPOSITS...

Here's the situation:

Tenant came in 2/2017 with an annual lease, paying first, last and 1 month security.  He was never sent another lease until 6/2018, which asked for all new deposits and increased the rent payment.  Tenant sent letter saying that, as Landlord was already in possession of said deposits, only an extension agreement was needed, so did not return the signed lease, but did pay new amount immediately.  Landlord never sent the extension paperwork, but rent payments continued timely.

Fast forward: tenant, who is now therefore month to month, gives notice at beginning of July, and does not pay July rent since Landlord has "last month" deposit from when he originally moved into complex under an annual lease specifically noting "last and security" deposits.    

Landlord states that 1.) 30 days notice was required, 2.) now both deposits are security since there isn't a current contract in place, and that 3.) tenant must pay an additional month's rent.  He says he will return the two month's security after the tenant pays for July, and moves out.  Landlord has filed a 3 day notice and tenant is panicked.  (Fyi, in FL, only 2 weeks notice is required for month to month tenants.)

Aren't those deposits governed by the initial lease contract, i.e. if they were "last & security", rather than two months security, they remains so, even though the tenant became month to month?

Thanks in advance for any comments!

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  • Investor · Tampa, FL · Member since 2011 · 2k+ posts · 3k+ votes
    7y

    1. You mentioned the property is in Florida, so 15 days are required, not 30. 

    2. There is a current contract in place, once the lease expires and the tenant stays, it converts to a month to month lease. The tenant never signed the new lease. 

    3. huh? The landlord decided the last month's rent that is in the signed lease is now more security deposit. That's not how that works. 

    That's not how any of this works. This is just my opinion but based on the facts here if the tenants stays the course and gets in front of a judge, this is going to get very poorly for the landlord. The landlord must be banking on the tenant being intimidated enough to move out? 

  • Jennifer T.Pro Member
    Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
    7y

    The one issue I could see with what the tenant did is it sounds like they may not have quite given 30 day's notice, if they gave it at the beginning of July.  Unless the notice was literally given on July 1st, it wouldn't be 30 day's notice.

    However, the original last month's rent is still last month's rent.  It doesn't magically become a double security deposit, unless that is agreed to in writing by both parties.  Which does not sound like the case at all.

  • Member since 2019 · 2 posts · 0 votes
    7y

    Thank you Nick and Jennifer!

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