Legal Question in Real Estate Law in Florida

refusal to accept rent

Can a landlord refuse to accept your rent? I have a situation where my current landlord indicated that he would fix certain items in the apartment. Now he has stated that if we don't like it we can just move. We did not pay on the first so he sent a letter stating that we had three days to pay. Due to the weekend and holiday the due date is 11/12/03. I have tried twice to take my payment. Once on Saturday 11/8 and again today 11/11. The bldg mgr told me he could not accept the payment because the landlord wants us out. Is this legal? I have a dated money order, and I recorded today's conversation on tape. I am concerned that he is going to try to eveict us. Any information is greatly appreciated.

Thank you


Asked on 11/11/03, 1:25 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: refusal to accept rent

If you are worried pay the rent into county court.

No doubt he will attempt to serve eviction papers upon you. Good luck.

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Answered on 11/11/03, 1:29 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: refusal to accept rent

If you have a written lease, then you have a right to possession of the premises until the expiration of the term of the lease, and the landlord should accept rental payments. If not, pay the rental into the court registry as the landlord will likely file an eviction action against you. If you are sued, feel free to contact my office. There may be a way for you to recover the attorney's fees you may incur against the landlord.

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Answered on 11/11/03, 1:37 pm


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