[RPPTL LandTen] residential eviction question

[Eric Jacobs]

I do not believe you can accept rent and always sdvise my clients not to

Sent from my iphone


On Mar 2, 2010, at 5:18 PM, "Greg Hass" <GregH at floridarealtors.org>  
wrote:

> 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 bri 
> ng 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 w 
> rong.
>
>
>
> Regards,
>
> Greg
>
>
>
> Greg Hass, Senior Counsel
>
>
>
> Office of Law & Policy | FloridaRealtors®
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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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