Legal Question in Real Estate Law in Florida
Tenant Eviction
My tenant has never paid rent on the agreed lease date. I have received a partial payment for the month of February. If I deposit this check may I still proceed with the eviction process or does deposit of the check put that action on hold? Thank you.
1 Answer from Attorneys
Accepting Partial Rent vs. Eviction
Facts: Tenant has never paid rent on time.Have received a partial payment for the month.
Q. Can I deposit this check and still proceed with the eviction process or does accepting partial pymt. put that action on hold?
A. Most likely it would prevent you from going forward with the eviction. ONLY IF your lease allowed you to accept partial pymt. and still proceed, could you go forward. Send seven [7] day notice that in future late payment will constitute grounds for eviction and that tenant should not make any future late pymts. for next 12 months. If it happens again, don't deposit pymt. and file suit. Put money into court registry for judge to handle.
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