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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 15931
Experience:  Licensed General Practice Attorney, Texas
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im a landlord in fla - I asked my tenant to renew her 1 yr

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i'm a landlord in fla - I asked my tenant to renew her 1 yr lease - she sent me an email stating she now wants to go month to month - my questions are do the terms in the lease agreement continue and what timeframe is she obligated to provide if she chooses to leave?

ScottyMacESQ :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacESQ :

If it converts to a month to month per the terms of the lease, the other lease terms will control, as will the notice. But if the lease is silent as to this fact, there will only be a 15 day notice period to terminate the tenancy. That is, 15 days notice prior to the end of any monthly period that either party will terminate.

ScottyMacESQ :

As for the security deposit, that will stay until the termination of the tenancy, and you can make a claim against that after she moves out.

ScottyMacESQ :

The fact that it converts to a month to month does not change the deposit, which is not dependent upon what type of lease it is. The deposit only has to be returned (or deducted) upon the tenant vacating the premises, not the end of the lease term.

ScottyMacESQ :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

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