ExpertLaw.com Forums

What Happens if a Tenant Pays Rent After Being Served With an Eviction Action

Printable View

  • 10-17-2013, 04:31 PM
    aswvb2002
    What Happens if a Tenant Pays Rent After Being Served With an Eviction Action
    My question involves an eviction in the state of: Florida

    I am a landlord who is trying to evict my tenants. My tenant have been in the residence for 6 months, and have not paid rent on time yet. When they do pay, they do not include the late fees as described in the lease. Additionally, they have failed to get the electric switched to their name. They have been paying the electric bills (late), but have refused to put it in their name due to the required deposit. I have served them with a 3 day notice to quit for the rent and late fees and a 7 day notice to cure for the electric situation. They did not comply with either of the notices and I filed a summons with the court. Due to the cost I only filed one summons for the rent/late fees. I received a text from the tenant that stated they were going to pay the rent to court clerk. My question is, if they make good with the court on the rent owed. Does that mean we won't have a hearing and that the case gets dismissed? If we are able to have a hearing, am I allowed to present all the fact of their breach of lease? Does it weigh in on the determination of eviction, if they are chronically late and have not complied with the terms of the lease for 6 months? I have made several attempts to contact the tenants regarding all of these issues and they NEVER return my calls of e-mails. Any insight would be appreciated.
  • 10-17-2013, 04:46 PM
    jk
    Re: Tenant Eviction: Can the Eviction Be Stopped After Summons is Issued if Tenant Pa
    you can only address the issues included in your complaint.


    once they go beyond the time on the pay or quit notice, they have no right to cure. Regardless, if they choose to attend court, they will get an opportunity to put forth a defense to your claims. They may have other defenses.
  • 10-17-2013, 07:05 PM
    Mr. Knowitall
    Re: What Happens if a Tenant Pays Rent After Being Served With an Eviction Action
    Under Florida law, a tenant has five calendar days from the date they are served with the eviction lawsuit to pay their rent to the clerk, or to pay you and submit proof of payment to the clerk. If they pay the rent within that time frame, they are entitled to a hearing at which they can try to convince the court not to evict them. If they fail to pay the rent the court within the five day period, the court should deem the defenses waived and issue an order of eviction.
  • 10-17-2013, 09:43 PM
    billy the kid
    Re: What Happens if a Tenant Pays Rent After Being Served With an Eviction Action
    you can amend your complaint by right within 30 days of filing ... the not putting the electric in their name is a big issue
All times are GMT -7. The time now is 11:59 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved