Legal Question in Landlord & Tenant Law in Florida

Unlawful Eviction?

My girlfriend is having trouble with

her landlord. First off, rent is due on

the first and then we get a 3 days

notice. For the past 6 or more

months, she has always paid on the

20th. She always informs the office

on the 1st and gives a promise to

pay. No because of the regional

managers personal grudge, she is

serving an eviction today. When we

walked in today to pay (the 20th),

the woman at the desk said that the

regional manager told her not to

except our money and to tell us she

send her file to the attorneys office.

Is there any legal action she can take

to fix this?


Asked on 3/20/09, 2:45 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Unlawful Eviction?

If rent it due on the 1st you cannot continually pay it on the 20th -- 20 days late. The failure to pay rent timely is a breach of the lease. You do not get to pick the rent payment date. That is set by your contract.

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Answered on 3/20/09, 3:51 pm


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