Is a 7 day notice still enforceable ifI made payment on the late amount?
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Is a 7 day notice still enforceable ifI made payment on the late amount?
I received a 7 day notice for rent due 2 months ago. I paid it and the landlord accepted it. I am now late with last month’s rent but we are moving, not breaking a lease (in about 10 days). Can the landlord use the 7 day notice that same notice or would she have to re-start the process?
Asked on November 5, 2011 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Typically, the landlord would have to restart the process, whether the notice was for the single instance of late rent or for a pattern of paying late rent: the acceptance of your rent generally waives the landlord's right to continue with eviction. There is a limited exception if the notice was for a pattern of late payment (so not just that one time) and the notice specifically stated that acceptance of late rent would not waive the landlord's right to evict if there was further late rent, and then there was further late rent...some courts would allow the landlord to proceed under thhe earlier notice--though even in that case, since the landlord has to bring a legal action to evict you (he can't just lock you out; if he does, he has broken the law and you could sue him), and eviction actions always take a few weeks at a minimum (you have to get a court date scheduled or docketed), if you will be out in 10 days anyway, it's difficult to see how it matters.
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