Does return of a security deposit end the landlords right to further civil action?

At the end of a lease set to expire on a fixed date and time, the landlord failed to send notice of claims. She indicated in conversation her desire to settle out of court but is asking me to send a written request stating my case. If she returns my deposit, will she be able to bring civil action for other conditions of the lease such as subletting, holdover? If I settle with her out of court, should I do so on the condition that she waives her right to further civil action or is this implicit in the return of the deposit money?

Asked on March 13, 2012 under Real Estate Law, Florida


david slater / david p.slater, esq.

Answered 8 years ago | Contributor

Return of your security would only deal with damages to the premises.  It would have no bearing on other issues, such as holdover. Any settlement you make must be in writing and signed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.