Results 1 to 4 of 4

Hybrid View

  1. #1
    Join Date
    Oct 2013
    Posts
    1

    Default 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.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  4. #4
    Join Date
    Sep 2013
    Posts
    244

    Default 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

    1. Sponsored Links
       

Similar Threads

  1. Eviction Process: Is a Live-In Boyfriend Who Pays No Rent a Guest or a Tenant
    By marsboy in forum Landlord-Tenant Law
    Replies: 8
    Last Post: 12-11-2012, 01:10 PM
  2. Eviction Notices: Recourse for Unpaid Rent if No Eviction Notice is Served
    By hasbeen in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 03-18-2011, 08:12 AM
  3. Eviction Process: Can I Be Forced to Accept Back Rent Once an Eviction is Served
    By Balcom in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 01-26-2011, 01:49 PM
  4. Eviction Process: During an Eviction of Old Tenant is New Tenant Responsible for Rent
    By etta in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 12-26-2008, 12:37 PM
  5. Rent and Utilities: How do I get rid of tenant who pays late rent
    By danslick182 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 07-06-2005, 07:32 PM
 
 
Sponsored Links

Legal Help, Information and Resources