3 Day Eviction Notice

 

Williams v. Blount, 7 Fla. L. Weekly Supp. 130a (Alachua Co. 1999)

Where a landlord accepts rent with actual knowledge of noncompliance by the tenant, the landlord waives the right to terminate the rental agreement or to bring a civil action for that noncompliance.

Ethel Williams, Plaintiff, v. Albert Blount, Defendant. County Court, 8th Judicial Circuit In And For Alachua County, Florida. Civil Division. Case No. 99-4183. Order entered on October 29, 1999 by Judge Ysleta W. McDonald.

Cite as: Williams v. Blount, 7 Fla. L. Weekly Supp. 130a (Alachua Co. 1999).

In this landlord tenant lawsuit, the Plaintiff, Ethel Williams (the "Landlord"), sued the Defendant, Albert Blount (the "Tenant") for eviction as a result of his failure to comply with the terms of the rental agreement.  [The Court does not specify the nature of the noncompliance.]

However, after the eviction Complaint was filed, the Landlord accepted rent from the Tenant.  Florida Statute ยง 83.56(5) provides that where the Landlord accepts rent with the actual knowledge that the Tenant was in noncompliance with the residential lease agreement, the Landlord has waived his or her right to evict the Tenant or to bring a civil action for that non-compliance.

A plain reading of the Florida Statute and the governing case law mandates dismissal with prejudice of the Landlord's eviction proceeding.  Philpot v. Bouchelle, 411 So. 2d 1341 (Fla. 1st DCA 1982); Raimondi v. I.T. Chips, Inc., 480 So. 2d 240 (Fla. 4th DCA 1985); and Moskos v. Hand, 247 So. 2d 795 (Fla. 4th DCA 1971).

As a result, the Court dismissed the Landlord's eviction Complaint with prejudice.