Legal Question in Real Estate Law in Florida

I can not afford to pay my new rent increase and I told the office manager that in Dec.of 2015 so I have been paying the old rental amount every month since Jan.2016..and never was told to pay the difference.

They accepted my auto pay check from my bank..until July 12th.

They delivered a eviction notice and demand for payment of almost $600. Within 3 days.

The difference in the rent is $17.48 per month.

And is for 7 mo.ONLY..

I HAVE DEMANDED A BREAKDOWN OF THE ALLEGED FEES and was told I will be getting it .

So far..I have not.

Isn't there a law that states...

If they accept my check ...they are accepting it. " PAYMENT IN FULL".?

If they DID NOT CASH IT OR DEPOSIT IT....BUT " RETURNED OR REFUSED IT...THEN

THEY CAN DEMAND THE NEW AMOUNT?

I can NOT PAY MORE LOT RENT...I OWN MY TRAILER BUT CAN NOT PAY MORE RENT MONEY...


Asked on 7/22/16, 1:39 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

The statutes were actually amended a couple of years ago allowing them to accept partial payment and still seek the balance. You likely owe the money. You probably should look for a new place for your trailer

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Answered on 7/22/16, 1:55 pm


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