Landlord Question and Answer Forum

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

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.

Posted by Bob R, CA on Saturday, January 12, 2013

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?

Posted by Terese C, FL on Sunday, January 13, 2013

No, you don't have to accept payment.

Posted by Dawn A, WI on Sunday, January 13, 2013

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.

Posted by Bob R, CA on Sunday, January 13, 2013

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

Posted by Terese C, FL on Monday, January 14, 2013