[RPPTL LandTen] residential eviction question

[harry at evict.com]

You take one dime and it's over. You can accept the subsidy portion though and not have waiver. You can’t take any money from the tenant.

 

Harry Heist

 

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Eric Jacobs
Sent: Tuesday, March 02, 2010 5:26 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] residential eviction question

 

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 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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