Can my landlord refuse my rent BEFORE he's given me any kind of eviction notice?

Asked about 1 year ago - Fort Myers, FL

I pay my LL by bank transfer. he sent it back to me with a message "I will not accept any payments from you until we go to court.". The part where I am confused is I have not been given any type of eviction notice...NONE! I was late but within the grace period of my lease. What do I do?

Attorney answers (2)

  1. Mark D. Siegel

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . Ok, you did not get an eviction notice. Did you get any other type of written notice? Perhaps written notice of default, notice to cure, lease termination or lease violation? Did your lease term expire? Do you have a written lease agreement? Without proper lease termination and notice, a landlord generally cannot refuse to accept your lease payment. Consult with an experienced landlord-tenant attorney.

    Any response does not create an attorney - client relationship without both parties fully signing a representation... more
  2. Carol Lynne Zimmerly

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Dear "can my landlord refuse rent money before eviction notice":

    No, the landlord must deliver the notice first if he later plans to begin an eviction lawsuit.
    Your defense is that you tendered the rent to him but he sent it back.

    Keep the message. Keep your bank statements, receipts, etc., handy.

    Put the money aside so it is available.
    See a local lawyer if you are unsure or if you want to go over your lease agreement and your options.

    Good luck!

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