Legal Question in Landlord & Tenant Law in Florida

I collected money owed for last month on the 5th of this month after I had given a 3 day notice for all rent owed. Renter still owes this month can I continue with the eviction even thow I collected rent after the notice for last months rent.


Asked on 6/28/11, 4:42 pm

1 Answer from Attorneys

Cynthia Conlin Cynthia Conlin, P.A.

You should issue a fresh three-day notice. Also, make absolutely sure that your notice meets all the technical requirements of the law. Failure to issue a proper three-day notice is grounds for the Tenant to move to dismiss the case and receive an award of his or her attorney fees against you, which can be *quite* expensive for a landlord! A dismissal can also result in your tenant staying for longer, and often you will have to file an entirely new action for eviction. So be careful that you follow the law! If you have any questions, do consult with an attorney, or better yet, have an attorney file the eviction for you. I have seen several landlords try to save money by filing their own evictions, but they will make some kind of unintentional mistake that ends up costing them sometimes thousands of dollars in attorney fees, penalties, and/or lost rent.

(Attorney Conlin is licensed to practice law in Florida only. This answer shall not be construed as an offer to practice law in any other jurisdiction.)

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Answered on 6/28/11, 4:55 pm


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