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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35378
Experience:  16 years real estate, Realtor. Landlord 26 years
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My landlord filed eviction notice with the court. I did the

Customer Question

Hello,
My landlord filed for an eviction notice with the court. I did the whole process of writing a letter. What she was suing me for was the incorrect amount. I ended up receiving the final judgement and I'm getting evicted for $200. I tried to place a payment at the court but I wasn't allowed. The case was closed. Is there any other way where I can get the final judgement appealed? Ive had issues at work where it caused my to back track on the montly rent. At the end I have paid everything including late fees. I really don't want to be evicted and I ended up getting a second job which provides me the opportunity to get back on track. I have been a good tenant. I don't cause any problems. No property damage.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Florida law states:

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83.202 Waiver of right to proceed with eviction claim.

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—The landlord’s acceptance of the full amount of rent past due, with knowledge of the tenant’s breach of the lease by nonpayment, shall be considered a waiver of the landlord’s right to proceed with an eviction claim for nonpayment of that rent. Acceptance of the rent includes conduct by the landlord concerning any tender of the rent by the tenant which is inconsistent with reasonably prompt return of the payment to the tenant.

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So you would have had to have paid the full amount due in order to have legal grounds to appeal the judgment based on it being improperly granted.

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If you still owed the landlord $200, then the judge can issue judgment in favor of the landlord and appealing wouldn't change the outcome.

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So at this point, your only real recourse is to appeal to the landlord directly to see if they would agree to accept the remaining rent and forego any eviction action and reinstate the tenancy..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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