Legal Question in Landlord & Tenant Law in Florida

I have a business in a shopping center. Over the past year I have struggled to pay rent. Even when threatened with eviction I have been able to come up with not only rent but the late fees and legal fees if it went that far. I recently submitted a rent check and it came back insufficient. Before giving me a chance to cover the check the landlord is requiring the past rent and the new rent even though its the beginning of the new month all within the three day notice time frame. Are they legally allowed to do this? I've read over my lease an I see nothing allowing them to do it. All I can find is that they require future payments be certified funds.


Asked on 10/04/12, 9:09 pm

2 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

It depends on your lease - if your rent is due on the lst of the month, then yes he has a right to ask for the full amount.

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Answered on 10/05/12, 6:10 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

Have your lease reviewed by an attorney. The 3 day notice may be ineffective, if it includes amounts not yet due, but if the amounts are due and not yet late, they should be in the 3 day notice. I think you need to decide if staying and paying is better than leaving. Seek legal help to discuss all your options and allow your attorney to review the lease.

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Answered on 10/05/12, 7:32 am


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