3 Day Eviction Notice

 

NHP Property Management, Inc. v. Boswell, 6 Fla. L. Weekly Supp. 291b (Alachua Co. 1998)

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 noncompliance.

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 apartment.

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 Landlord.

Florida Statute ยง 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.