I live in Florida. i lost my job. I was unable to make 2 rent payments.After 3 day notice of eviction, I came up with the money on the 3rd day.

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I live in Florida. i lost my job. I was unable to make 2 rent payments.After 3 day notice of eviction, I came up with the money on the 3rd day.

I am not able to put the money in the landlord’s account until the 6th day. I need to cash the check from my family. I notified the landlord that I can pay the back rent in full and they refuse to take the $$ and want me out. I have 2 small children. Can I still be evicted? Do I have any recourse? Thanjs

Asked on June 4, 2009 under Real Estate Law, Florida

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally if you can't pay the rent after the 3 days expires (you don't count weekends and legal holidays), the landlord can refuse to accept rent after that and evict you. However, your situation is unique because you state that you "came up with the money on the 3rd day" and notified the landlord. There's a question of whether there were other options for the landlord to accept the rent, i.e. accepting a post-dated check for the 6th day, etc.  These are legal questions to be decided by the court.

If by the 6th day the landlord hasn't filed an eviction suit against you and you in fact have all the rent money, see if you can convince him/her to accept the money and not evict you.

However, if the landlord does in fact sue you, you must answer the complaint (after it is served to you) within 5 days to preserve your right to defend yourself at a court hearing. Also, you can deposit the rent money with the "court registry." Then you will get a court hearing and the court will hear your defense (you can pay all the rent owed) and determine if you should be evicted. Contact the court to find out about the registry.

Remember that you don't have to move out until the landlord obtains a final eviction judgment in court.

Good luck.


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