Legal Question in Landlord & Tenant Law in Florida

Partial Payment

Last month we had an issue paying rent on time. I have an Email from last month stating that they cannot accept partial payment after the 10th. We eventually paid off the rent last month, but have trouble paying this month. We tried to make a partial payment this month on the 8th, but they would not accept. This time the landlord emailed me and said they will not accept partial payments this month because they had negative situations with it last month. Can they change their policy like this?

2nd question (out of curiosity). If the lease states they do not accept partial payments, and they have since changed their policy to accept partial payments, do they need to provide any notice when changing their policy back.


Asked on 12/12/08, 10:50 am

1 Answer from Attorneys
Justin Schmidt Law Office of Justin B. Schmidt, P.A.

Re: Partial Payment

It depends on the specific language in the lease. Most residential lease forms provide that the landlord MAY take partial payment without waiving their right to make a claim for the unpaid portions of rent.

You will need to have your lease reviewed by a local attorney for a more definitive answer.

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Answered on 12/16/08, 10:13 pm


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