Legal Question in Landlord & Tenant Law in Florida

I have a tenant, and I have continued to accept less than required amount of rent, the lease is finally up, and has not sucessfully been fulfilled, and now she is staying month to month and not paying as agreed. I agreed to allow the tenant to split the rent to make it easier on her. yet again, last month she only had half on one of the installments. I made her sign an agreement that I would accept it, provided she paid the remaining amount, along with the next installment plus a late fee or she had agreed to move out by 12/31/09. She owes 675 for august, owes 225 for november and now owes 450 for first half of december and by the 20th will owe the other installment of 400 for december. I really want her out, but can I accept December's rent, then evict her for past due amounts? I know normally I cannot collect partial past due rents if I am going to evict, but she is planning on staying thru the end of the month, and am I not entitled to rent for THIS month?

Asked on 12/05/09, 6:20 am

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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She is not going to pay. Just evict her.

Answered on 12/10/09, 6:41 am

Lesly Longa Longa Law P.A.

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0 attorneys agreed

Yes, of course, file an eviction. Contact me or another attorney if you need assistance.

Answered on 12/10/09, 8:52 am

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