Legal Question in Landlord & Tenant Law in Florida

I file an eviction as landlord,but in the course of eviction tenant gave me partial rent payment. and in the hearing the judge dismissed the case because I accepted this payment.(he never specified if is with prejudice or withouth)

my question is : can I refile? shoukd I give again 3 day notice? what I should do to refile? there is a specific form for this? thanks you (florida)

Asked on 7/24/13, 7:17 pm

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

You have to start the process over. As of 7/1/13, you can actually accept partial rental and still continue an eviction. You should give a new three day notice with the correct amounts due and then refile if not paid.

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Answered on 7/25/13, 1:21 am

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