[RPPTL LandTen] Question regarding tenant's payment into court registry
Cary Sabol
sabollawoffice at yahoo.com
Fri May 22 14:27:26 PDT 2015
Hi All,
Hope everyone is doing well and looking forward to a relaxing holiday weekend. I wanted to ask the group if anyone might know of any case law that stands for the proposition that even if the tenant posts the rent money into the court registry, the landlord still have the right to terminate the lease and obtain an eviction judgment at a final hearing, despite the tenant's posting of the rent money.
In other words, it is my understanding that if a landlord delivers a valid three day notice and the tenant does not pay within that deadline, then the lease is terminated. So if the landlord then files for eviction and the tenant ends up posting the rent due in the court registry, the landlord can still proceed with eviction and obtain an eviction judgment. I know this is the state of the law, but just don't have a case to support it. Supreme Court would be nice or 4th DCA, but anything will help. I've recently had a few judges basically say to me that since the tenant has paid the rent now, they can stay on the premises.
Any help is much appreciated.
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