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.
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 advice without entering into a formal legal engagement with an attorney. Before you decide, ask any lawyer to send you free written information about their qualifications and experience. This answer is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Personal Injury Lawyer
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.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.