Pursuant to Florida Statute 83.56(5)(a), if a Landlord accepts rent with actual knowledge of the Tenant’s noncompliance, 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 or Eviction Notice Letter, the Landlord must 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.
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 handle this matter expeditiously. The Law Office of Ryan S. Shipp, PLLC is here to help you with all of your Landlord-Tenant needs. We are Evictions Lawyers. We assist both Landlord and Tenants in Eviction matters throughout the state of Florida. Call us today @ 561.699.0399 to set-up an appointment to come and visit our Lantana, Florida office location.