Lease terminated after three day notice expires.

Can I consider the lease terminated and ask for possession once the three day notice expires? My tenant paid money into the bank account on the fifth day, which was Friday afternoon. I just found out today and want to return the money and file the lawsuit for possession.

Clearwater, FL -

Attorney Answers (2)

Ryan Sanford Grazi

Ryan Sanford Grazi

Landlord / Tenant Lawyer - Stuart, FL

Generally, if a payment is accepted after notice of default that specific default is waived. You may want to consult an attorney to determine if you have the right to return the money because you didn't accept it they just deposited it into your account.

This answer is provided without full consultation and is suggestive in nature and not to be considered legal... more
Michael Ryan Juarez

Michael Ryan Juarez

Landlord / Tenant Lawyer - San Diego, CA

I agree. Consult with an attorney who can guide you through FL's LL/T laws; conduct an eviction for you; and obtain possession for you.

-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more

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