Does return of a security deposit end the landlords right to further civil action?
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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
Answers:
david slater / david p.slater, esq.
Answered 12 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.
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