Legal Question in Real Estate Law in Florida

Eviction Summons received, but rent was already paid.
I received an eviction summons today (09-05-02), but I've already paid that rent owed on 08-31-02. I handed a cashiers check to a secretary at the leasing office (with the late fee included) and she took it.What should I do now?Is it true that the court will dismiss the eviction case because the landlord took the check?

Asked on 9/05/02, 11:13 pm

2 Answers from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

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Re: Eviction Summons received, but rent was already paid.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Don't believe everything you see. (1) Did the landlord cash the cashier's check. (2) Did you pay everything that the landlord is owed? (3) Did you get a receipt? (4) Did you send them a confirming e-mail or fax saying that you have paid them in full, if there is anything else owed let you know immediately. Good luck. If you do not take the steps to protect yourself now then it may hurt you later. Remember always C.Y.A.

Randall Gilbert

Answered on 9/06/02, 6:46 am

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