Legal Question in Civil Litigation in Florida
My apt lease says that I must pay the rent in full on the first of every month. There is a three day grace period. I was laid off in january. I am surviving on unemployment. Unemployment pays every 2 weeks. The apt complex will not accept a partial payment. They will not allow me to pay 1/2 when I get the first unemployment check, and the second half when I get the second check. However, since feb. they have been allowing me to pay in full when I get my second check. I was served with an eviction notice. What I need is the legal term that is used when someone like the apt comples has rules, but constantly breaks them, as in accepting my full rent after the due date.
3 Answers from Attorneys
It is likely that any apartment "rules" are for the purpose of governing tenant behavior. The property owner is obligated to comply with the terms of your lease. So are you, and if the rent is due in full, on the 1st, late on the 4th, and you have been paying late, then the owner has the right to evict you for violating the terms of the lease. If you are paying the full amount, at the same time every month, you should be able to pay the full amount, on time, at the first of every month.
You will not get sympathy from the court because your apartment complex only accepts full payment, and will not accept a partial rent payment. You need to find an apartment that you can afford.
To specifically answer your question, I believe the term you are looking for is "waiver". There is also the possibility of a "novation" which means that through a course of conduct the parties have modified the contract. Also, once payment is accepted, any action for eviction for non-payment should be dismissed for waiver and acquiesence.
Estoppel.
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