Legal Question in Real Estate Law in Florida
Eviction - Alternatives after Summons
I have recieved a residential Eviction Summons. If I pay the late rent to my landlord, can this process be calcelled?
2 Answers from Attorneys
Re: Eviction - Alternatives after Summons
Only if the landlord agrees to cancel it.
Re: Eviction - Alternatives after Summons
Many landlords will not accept rent after the filing of an eviction action because the Court will then dismiss the case against you. Often times, if a tenant offers partial rent, I will reach a Stipulation for Settlement which provides for the repayment of all rents, costs expended and a reasonable attorney's fee. If the tenant fails to pay, I am still able to seek a Final Judgment on behalf of my client.
I suggest that you speak to the landlord. If the landlord's desire is simply to collect the rent, you may be able to reach a similar agreement. If not, you may be best served by searching for a new place to stay. Florida law does not require a landlord to accept rent after an eviction action is filed.
Scott R. Jay, Esq., 305-249-8000