Legal Question in Real Estate Law in Florida

I have a bad paying tenant that is on month to month rental agreement for the past year, and has history of partial payments and think it waivers unpaid balances. I planning on 3 day notice should they give me partial payment for July, and it I get partial issue another 3 day notice to pay. Also if I get all the rent, give them a notice no 1st of August to end tenancy and they need to move out by end of the calendar month -- however I know if they carryover in September they subject to double rent and court processed eviction; but what if they do not pay rent for August -- 3 days while the tenancy letter was provide. They retaliate I think with no rent at all.


Asked on 7/03/15, 8:49 am

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

What? Your fact pattern cannot be followed. sorry. If you give 3 day notice and rental paid, than you cannot evict. You can accept partial rental and still evict if you want. If you terminate lease with appropriate statutory notice, you cannot collect any rental other than what is owed. If they hold over after termination date they do owe double rental, but you would have to sue independently for those losses. It wont happen in the same eviction action or it can be included but you have to serve a separate summons for the damage claim and that claim allows for 20 days to respond.

Read more
Answered on 7/03/15, 9:46 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida