If I gave a check for security deposit and last month’s rent but never signed a lease, can I get my money back?

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If I gave a check for security deposit and last month’s rent but never signed a lease, can I get my money back?

Asked on May 21, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Even when there is no written lease, once you agree to rent a premises--which such agreement being shown by your providing the security deposit and one month's rent--there is an oral lease (sometimes called a "verbal" lease). An oral lease creates a month to month tenancy; a month to month tenancy may be terminated by either party on one month's notice--which means that a tenant, for example, is always responsible for at least one month's rent. If you provide prompt notice terminating your tenancy, you should be able to get some of your money back, but will be liable for at least one month's rent (e.g. you may get the security deposit back, but not the month of rent).


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