Ladies and Gentlemen, a new member of our committee, N. Rodney Holmes, Esq. submits the following issues for your consideration and possible response: Basically the situation is as follows: (Client is the Landlord) -Landlord has not received rent for July or August. -Landlord did not get a security deposit -Tenant has already moved out. -Landlord would like to possibly collect rent and report to the credit bureau the fact that she has not received rent from the Tenant, to affect the Tenant's credit score. -Tenant was Section 8 Also, Section 8 refused to pay the money to her because they said only the tenant could pay her the money. My question comes from Fla Statutes 83.56(5) Termination of rental agreement.-- (5) If the landlord accepts rent with actual knowledge of a noncompliance by the tenant or accepts performance by the tenant of any other provision of the rental agreement that is at variance with its provisions, or if the tenant pays rent with actual knowledge of a noncompliance by the landlord or accepts performance by the landlord of any other provision of the rental agreement that is at variance with its provisions, the landlord or tenant waives his or her right to terminate the rental agreement or to bring a civil action for that noncompliance, but not for any subsequent or continuing noncompliance. Any tenant who wishes to defend against an action by the landlord for possession of the unit for noncompliance of the rental agreement or of relevant statutes shall comply with the provisions in s. 83.60(2). The court may not set a date for mediation or trial unless the provisions of s. 83.60(2) have been met, but shall enter a default judgment for removal of the tenant with a writ of possession to issue immediately if the tenant fails to comply with s. 83.60(2). This subsection does not apply to that portion of rent subsidies received from a local, state, or national government or an agency of local, state, or national government; however, waiver will occur if an action has not been instituted within 45 days of the noncompliance. This says that this section does not apply to that portion of rent subsidies received from a local, state, or national government or an agency of local...however, waiver will occur if an action has not been instituted within 45 days of the noncompliance. My questions are as follows: 1. Is there a way to collect the section 8 portion of the rent directly from the gov't if the tenant is can not be found? 2. Does the 45 day "statute of limitations" described above apply to all defaults or only those involving a gov't agency? 3. Is it correct that only 3 days of notice must be given in the demand letter if the letter is posted directly on the property? (thereby avoiding the +5 days required by the FRCP for mail) Thank You, N. Rodney Holmes, Esq. Hosford & Holmes, P.L. 561-306-8770