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Lease terminated after three day notice expires.

Clearwater, FL |

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.

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Attorney answers 2


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.

Edward J. Fucillo

Edward J. Fucillo


If you served the 3-Day Notice solely because your tenant failed to timely pay the rent, the issue is whether you are now accepting the late payment by your tenant. Florida Statute 83.56 (5), states that if the landlord accepts rent with actual knowledge of a noncompliance by the tenant, or accepts performance by the tenant . . . . . then the landlord waives the right to terminate the rental agreement, or bring a civil action for that noncompliance, but not for any subsequent or continuing non-compliance by the tenant. If you are not accepting the late payment, then you would need to return it immediately and make it clear that you are not accepting the late payment. Alternatively, you could accept the late payment and if your tenants again fail to timely pay another rent payment, serve them with another 3-Day Notice. I recommend that you first consult with an attorney to confirm you have not waived your right to terminate the rental agreement.


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 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.

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