Legal Question in Real Estate Law in Florida
About failure to pay upon a signed agreement
What are my rights in the state of Florida, if a prospect
tenant signed and agreed to pay on a date and fails to do so. Can I cancell the signed lease and rent to another person?
2 Answers from Attorneys
Re: About failure to pay upon a signed agreement
If the person signed a lease which formalized an agreement to pay rent on a date certain then the person is not a prospective tenent but an actual tenant. Failure to pay rent when due constitutes a breach of the lease and the terms and conditions of the lease control. You should serve the tenant with a 3-day notice to pay rent or deliver possession, and if payment is not tendered within the time prescribed, then the lease is arguably terminated, but you will likely want to file suit and obtain a final judgment for possession to ensure that the tenant has no rights to occupy or otherwise make any claim to the premises in question. Read your lease and seek the services of an attorney. Make sure your lease does not require more than 3-days for a notice to pay rent. Good luck.
Re: About failure to pay upon a signed agreement
Heed the advice in the previous reply.
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