Reply to Re: Partial Rent Payments

Re: Partial Rent Payments (Score: 1) by MrDan on Thursday, June 7, 2012 @22:30

The landlord’s acceptance of tenant payment after a failure to pay waives that payment noncompliance as a basis for terminating the lease. If a 3-Day Notice has been delivered, the acceptance voids the Notice and requires the service of a new 3-Day Notice.

If the tenant makes a partial payment, in some counties you can accept the partial payment and proceed with eviction. An attorney will know which judge and county permits this. Other judges and counties will void the eviction if partcial rent is accepted.

If a tenant only tenders partial payment, you should send 'notice' that the priviledge to direct deposit is withdrawn and the tenant should use other means to pay rent and issue a new 3 day notice.

Since this is a direct deposit, returning any money is prone with problems. The tenants deposit might not clear for several days and courts look at that time as the landlords acceptance of the partial payment. Florida law does not cover direct deposits/electronic payments, so it's best when in doubt contact your attorney for advise.

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