NHP Property Management, Inc. v. Boswell, 6 Fla. L. Weekly Supp. 291b (Alachua Co.
A landlord that accepts rent from a tenant while possessing
knowledge of the tenant's noncompliance, waives the right to sue the tenant for eviction arising from that
NHP Property Management, Inc., Plaintiff, v.
Mary Boswell, Defendant. County Court, 8th Judicial Circuit In And For Alachua County, Florida. Civil Division.
Case No. 98-4032-LT-LT, Division IV. Order entered on December 14, 1998 by Judge Peter K. Sieg.
Cite as: NHP Property Management, Inc. v. Boswell, 6 Fla. L. Weekly Supp. 291b
(Alachua Co. 1998).
The Plaintiff, NHP Property Management, Inc. (the "Landlord"), filed suit against the Defendant,
Mary Boswell (the "Tenant"), for noncompliance with the residential lease agreement executed by the parties.
Specifically, the Landlord served the Tenant with a 10 Day
Notice to cure demanding that the Tennant remove all "unauthorized persons" from the
The Tenant did not remove the "unauthorized persons" from the apartment and did not vacate the
premises. However, the Tenant did pay the next month's rental payment, which was accepted by the
Florida Statute § 83.56(5) provides, in pertinent part, that "[i]f the landlord accepts rent
with actual knowledge of non-compliance by the tenant ... the landlord waives his right to terminate the rental
agreement or to bring a civil action for that non-compliance."
Because the Landlord accepted the rent with knowledge that the Tenant was in noncompliance with
the rental agreement, the Landlord waived its right to sue the Tenant for eviction based upon that
noncompliance. As a result, the Landlord's eviction Complaint was dismissed with prejudice.