Legal Question in Civil Litigation in Florida

I only received partial payment on my tenants rent that was due to me. Would it be legal to cash the the partial rent check and then evict the tenant?


Asked on 1/17/11, 10:51 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

No, the rent is paid in advance, so you must either collect the whole rent or give them notice to vacate. If you accept part of the rent, then they have paid in advance.....so you can't evict them. Your lease should detail the late fee etc.

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Answered on 1/22/11, 3:11 pm


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