Largo, FL asked in Real Estate Law and Landlord - Tenant for Florida

Q: Is a partial rent payment made via Zelle to the landlord and is automatically posted, is that knowledge of noncompliance

Tenant paid $118 rather than $850 via Zelle. The payment was automatically posted upon receipt with an email afterwards with notification of the deposit. The Tenant followed up with a statement that they felt their rent was too high and not justified and was only willing to pay $667/month and the June payment was based on 667/month less credit for 3 months overpayment resulting in a June payment of 118. This action was made unilaterally by the Tenant with the payment made June 4 making the payment late in addition to short. Should i anticipate problems with filing a Demand for Payment or Possession? This is for the rental for a room within my home with the Tenant having access to the Living, Dinning and Kitchen in addition to a room and private bath.

1 Lawyer Answer

A: Tenants don't get to set the rate for rent and hopefully you have a written lease agreement. There are specific technical requirements for providing a tenant with a notice to vacate and the length of time to provide the notice depends on the lease terms. I encourage you to consult with a landlord/tenant attorney so you don't run into problems.

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