Legal Question in Landlord & Tenant Law in Florida
Florida Laws on Partial payment for Rent
I served my tenant with a three day notice to pay or quit. He promised to pay, in full, by a certain date. At the end of that day, I noticed that he deposited only half the rent into my bank account. I've tried to call but no return call and no return email. I am being avoided now. Can I still file for eviction or should I simply deny the deposit and return it to his account (talked to the bank and learned that I may return it if I wish). If I were to accept the payment, is eviction a lost cause? If so, it is my guess that the tenant used the partial payment as a tactic to avoid being evicted. What is the law on this? I looked at the statutes and couldn't find one that would disallow me from still filing for the unpaid amount.
1 Answer from Attorneys
Re: Florida Laws on Partial payment for Rent
It's a tactic. If you accept partial rent, you cannot evict. Return the partial rent to the tenant and proceed with your eviction.
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