Partial Payment

[STEPHAN]

Florida.

Gave tenant a proper 3 day notice till yesterday. Rent is 1650 (extremely nice 3 BR pool home etc.).

There is some history, like the tenant gave us a $200 check a few days ago, but next morning e-mailed us to not use it as she needs it for a down payment for a new, less expensive home. She has 15 month left on her contract. Offered her to let her out of the contract.

After some e-mail exchange we offered the tenant to pay 50% by yesterday, 50% by the 15th (cash, money order, counter check only, as she has bounced a few checks).

Over night tenant put $200 cash in our mailbox with a note that is all she has.

I know if we accept a partial payment, we need to start all over with a new 3 day notice etc.

So, we e-mailed her, that we can not accept the payment and that she should pay as agreed or pick up the $200.

What else should I do? I still have the $200 and if we go to court, how do I handle the $200?

 

[FlyingRon]

They need to pay it all. You're free to continue the proceedings even if you accept a partial. You report the receipt of the partial payment and that you're still owed the rest.

 

[STEPHAN]

Thanks. I did not realize that FL law changed on this.

Would you still file the same amount as the 3 day and mention that you have the $200 or even give the $200 to the court or would you now file the reduced amount and explain somehow that it does not fit to the 3 day?

 

[Zigner]

They need to pay it all. You're free to continue the proceedings even if you accept a partial. You report the receipt of the partial payment and that you're still owed the rest.

That's usually not the way it works, Ron. Could you cite the relevant law and/or court cases that show this to be true?

 

[STEPHAN]

This is what I found, but I am not sure what to do now. The payment was during the 3 day notice, but nothing is filed with the court yet.



http://articles.sun-sentinel.com/2013-08-25/business/fl-landlord-tenant-law-20130823_1_landlords-tenants-security-deposit

3. Change in law: Landlords can accept partial rent payments and still move to evict in the same month — provided that the landlords give tenants a receipt for the partial payment, place the partial payments in the court registry if the evictions are filed or post notices informing tenants that they must pay the amount due or vacate within three days.

How it affects landlords: Previously, some judges had ruled that landlords couldn't evict a tenant in the same month in which the landlords had accepted a partial rent payment. This is another provision that speeds up the eviction process.

How it affects tenants: Some have paid part of the rent and then added the remaining balance to the following month's rent, giving them extra time to come up with the money. Those tenants can no longer depend on that option.