[RPPTL LandTen] residential eviction question

[Greg Hass]

I think it would.  Section 83.56 (5) seems to suggest that if the LL
accepts rent with actual knowledge of a noncompliance by the T, then the
LL "waives his right to terminate the rental agreement or to bring a
civil action for that noncompliance, but not for any subsequent or
continuing noncompliance."  I've always read this to include both the
bringing AND maintaining the civil action, but I could be wrong.

 

Regards,

Greg

 

Greg Hass, Senior Counsel

 

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Gale
Silbermann
Sent: Tuesday, March 02, 2010 5:08 PM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] residential eviction question

 

Has anyone terminated a residential lease for a lease violation, other
than non-payment of rent, and accepted rent while the case was pending?
I have a situation where the case has dragged on for more than 6 months
without the rent being paid.  It is subsidized housing so the amount is
small but we want the rent from the tenant, who is willing to pay.  But
if we accept rent will that waive our issue with the lease
non-compliance?  

 

Any help would be greatly appreciated.

 

Gale

 

 

Gale Silbermann

Baxter, Strohauer, Mannion & Silbermann, PA

1150 Cleveland Street, Suite 300

Clearwater, FL 33755

(727) 461-6100

(727) 447-6899 Fax

 

 

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