Legal Question in Real Estate Law in Florida

Late rent

Late rent, every month, only 4 months into 1 year lease. Any recourse? should I accept rent, do I have to accept the rent or can I refuse it and start eviction process? Rent is usually 1-2 weeks late. I really want these tenants out!


Asked on 8/30/00, 10:36 am

2 Answers from Attorneys

William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Late rent recourse.

FACTS: Late rent every month & only 4 months into 1 year lease. Rent is usually 1-2 weeks late. I really want these tenants out!

Q. Any recourse? Should I accept rent? Do I have to accept the rent or can I refuse it and start eviction process?

A. If late, you give a three day Notice to Quit. If paid within the three days, you must accept the rent. If not paid within the three days, then you can refuse the rent and evict. Ck. your lease for late charges and charges for the three day notice.

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Answered on 10/03/00, 11:09 am
William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Late rent recourse -Revisited.

A second approach would be to send a seven day notice to correct the late payments and make them on time for the remainder of the lease term or to vacate the premises or be evicted, if tenant is late within the remainder of the lease term.

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Answered on 10/03/00, 11:15 am


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