Legal Question in Real Estate Law in Florida
tenant keeps paying partial rents and never comes up with past balances due. I not given any 3 day notices. I informed the tenant while I understand partial agreed to if you paid twice a month split your full month rent into two payments, but they never pay what promised, Can I give 3 day notice for JULY rents if not paid by 5th and add all the partial not paid in the prior months. I given then receipts for partial payments in the past and said thank you but you have unpaid balances, the partial payment does not constitute a waiver of any unpaid rents, now, in the past or future rents.
1 Answer from Attorneys
Your written lease agreement controls. The acceptance of partial payments does not change the underlying agreement. I would say you can provide 3 day notice with all rentals and late fees which are currently due.
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