If you accept rent you waive your right to proceed as per 83.56(5), but 83.56(5) also states that the tenant must comply with 83.60(2), I would motion the court for a default final judgment of possession based on the tenant's non-compliance with 83.60(2) or an order directing the tenant to deposit the tenant's portion of the rent into the court registry.
Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami Fl 33145
305-403-7783
305-403-7824 (fax)
--- Gale@baxstroh.com wrote:
From: "Gale Silbermann" <Gale@baxstroh.com>
To: <landten@lists.flabarrpptl.org>
Subject: [RPPTL LandTen] residential eviction question
Date: Tue, 2 Mar 2010 17:08:19 -0500
Has anyone terminated a residential lease for a lease violation, other than non-payment of rent, and accepted rent while the case was pending? I have a situation where the case has dragged on for more than 6 months without the rent being paid. It is subsidized housing so the amount is small but we want the rent from the tenant, who is willing to pay. But if we accept rent will that waive our issue with the lease non-compliance?
Any help would be greatly appreciated.
Gale
Gale Silbermann
Baxter, Strohauer, Mannion & Silbermann, PA
1150 Cleveland Street, Suite 300
Clearwater, FL 33755
(727) 461-6100
(727) 447-6899 Fax
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties imposed under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication or in any attachment.
The information contained in this message is privileged and confidential. It is intended only for the use of the addressee named above. If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution, or copying of this message is strictly prohibited. If you have received this message in error, please notify the sender by reply email and destroy and delete this message. Thank you for your cooperation.
_______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten
Find a local lawyer and free legal information at FindLaw.com.
