Landlord Question and Answer Forum

Our tenants refused to sign a lease extension agreement, however the agreement had an increase in rent, which they paid for 5 months without complaint. We had not even realized (as they had been friends and living it he home for almost 5 years) until we had a problem with the condition of the bathroom. It was then that the tenant informed us that we didn't have a "signed lease". Long story short, after he refused several times to sign the extension or a new lease we went through the eviction process. Well he did leave the property on the 1st, however he did a great deal of damage to the property, which cost us an additional $600 over his security deposit to repair. Two questions: 1. My understanding of Florida law (or any tenant/landlord agreement) is that because he paid the increased rent amount that means he "consented" to the lease extension and therefor was under the terms of the lease when the problems arose. Is this true? 2. Can we take him to court to collect the additional costs without having a signed lease for the time that he occupied the property this year? Thank you in advance for any help D Murphy

Typically when a lease expires it becomes a month to month lease until the tenant renews or gives a notice to vacate. Since they have been paying on a monthly basis, they are considered under a verbal lease agreement, and you can collect fees or sue to collect any balance due after move out.

Posted by Holly B, NY on Wednesday, July 15, 2015