Real Estate Law
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The tenant should deposit the full amount of the monthly rent as stated per the lease; but first the landlord must notify the tenant in writing that he is no longer willing to accept partial payments. The landlord will need to use the tenant's refusal to show the house under the terms of the lease as breach of the lease agreement in court which should serve as an independent reason allowing eviction. Also, if the landlord loses a prospective buyer because of the tenant's refusal and breach, the LL can sue the tenant for damages. The problem is this tenant does not appear to have much by the way of any assets which you could attach to collect on a judgment even if LL were to win.
So, the tenant will have to deposit with the court the full amount. Then, if the matter is not resolved in 30 days, would the tenant have to deposit yet another month worth of full rent?
While it is all in court, does the LL have the right to seek the injunction allowing him to show the house?
Even if the LL can't collect, does the eviction and judgement stay 20 years on the record affecting tenants credit?
Can the LL state that reasonable notice is if the notice is given one day prior to showing, or has to specify the hours?
1. I am not sure why the tenant just does not pay the LL instead of depositing the rent in court, but if that is what the tenant wants to do, then I guess the LL has to file for the eviction to get any results. The tenant does not have to deposit any rent in court, it is supposed to be paid to the LL. If he does not pay the rent, the LL has to evict and get a judgment against the tenant for the balance due.
2. Yes, the LL has a right to seek an injunction and/or evict the tenant.
3. Judgments and evictions stay on credit reports for 7 years;
4. In Florida a LL must give tenants 12 hours’ notice of their intent to enter and must enter only at reasonable times during the day which courts interpret to mean between the hours of 7:30 am and 8:00 pm.
Sorry, I am confused with #1. If the tenant has not paid rent for July, and after a 3 day Notice the LL files for eviction, and the tenant wants to fight it, isn't he required to deposit the disputed rent with the court? And if the month is not enough to resolve, would the tenant be obligated to deposit yet another full month rent with the court?
If he does not deposit, would the tenant lose by default?
Thank you very much
I am not aware of any FL law that requires the tenant to make such a deposit in response to an eviction action. In fact, most of the time the tenant is evicted because he has no money to pay the LL; let alone deposit it in court. There are situations where tenants do deposit the rent in court because the LL refuses to accept the rent due to a different type of conflict.