In Florida, a 3-day notice is a paper that landlords give to tenants who haven’t paid their rent. Basically, it says “you’ve got three days to pay up or leave the property.” If the tenant doesn’t follow through, the landlord can take them to court to get them evicted and try to get back the unpaid rent and any other costs.
Specifically, for Florida residential tenancies, Chapter 83, Part II, of the Florida Statutes, states in part that if the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement. So what happens if the tenant makes a partial payment during the 3-day notice period?
Acceptance Of Partial Rent By Landlord After Delivery Of 3-Day Notice
Pursuant to Florida Statute 83.56(5)(a), if a landlord accepts rent with actual knowledge of a noncompliance by the tenant, the landlord waives his/her right to terminate the rental agreement or to bring an action for that noncompliance. However, a landlord does not waive his/her right to terminate the rental agreement if the tenant pays partial rent for that period.
The distinction between full rent and partial rent is important as it can dictate if the landlord can terminate the rental agreement.
If partial rent is accepted after the delivery of a 3 Day Eviction Notice for Nonpayment of Rent, the landlord must adhere to the following:
- Provide the tenant with a receipt stating the date and amount received and the agreed upon date and balance of rent due before the filing of an action for possession;
- Place the partial amount of rent accepted into the court’s registry upon filing the action for possession; or
- Post a new 3 Day Notice reflecting the amount of money now due and owing with giving a credit for the partial payment received.
The receipt of partial rent can be helpful in a situation where the tenant does not have the full amount of money, but will have it at a later date. It is up to the landlord to decide if he/she will accept partial rent as the 3 Day Notice specifically states that the tenant must remit a determined amount or vacate the premises.
With the help of an experienced eviction attorney, you, as the landlord or tenant, can decide the best course of action to save the most money and have your matter handled expeditiously. Law Office of Ryan S. Shipp, PLLC is here to help landlords and property managers with all of their landlord-tenant needs. We are Florida Evictions Lawyers. We assist landlords in both residential, commercial, and mobile home park eviction actions throughout the State of Florida. Call us today @ 561.699.0399 to learn more. Our office is located in Lantana, Florida, we serve all of Florida’s 67 Counties.