Lease ended- do I need to renew it? Florida : ezLandlordForms

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Terese C

started a topic over 11 years ago

My lease clearly states that it ends on Dec 31, 2012. I have already offered them the option to sign a new lease which they are dragging thier feet about. They have been consistantly late with the rent for 31/2 years. They only paid on time once and often went over 30 days. I have been very good to them with this matter, but my patience has worn thin. I have aleady served them a 3 day notice because they have not paid this months rent. So, my question is: If they pay after the notice date, do I have to accept the payment? And do I have to allow them to sign a new lease if they so wish? Also do I have to send them a notice now that thier lease has expired? Someone help please

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Terese C

said over 11 years ago

thank you again.... I think I'm going to consult a lawyer

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Bob R

said over 11 years ago

Section 83.56(5) of the Florida Statutes which provides, “If the landlord accepts rent with actual knowledge of a non-compliance by the tenant or accepts performance by the tenant. . .the landlord waives his or her right to terminate the rental agreement or to bring a civil action for that non-compliance.” .. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with Fed/State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data.

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Dawn A

said over 11 years ago

No, you don't have to accept payment.

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Terese C

said over 11 years ago

Thank you for your response. I served them a 3 day notice because I was under the impression that that was the quickest way to get them out because I doubt they will pay in time. I know I only have t o give them a 15 day notice to terminate but then it may take a while to actually get them out. Do you know if I have to accept payment after I've started the eviction for non payment?

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Bob R

said over 11 years ago

I’m not sure why you served them with a 3 Days Notice. You’re running a business, so you need to treat it as one. Especially with the info provided. Send them a Notice to Terminate and move on. Check your Local/State laws as to how much time you must give them. If they don’t move as stipulate, start an eviction. Don’t take any excuses. It will cost you. .. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with Fed/State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data.