It seems everyone has an opinion on the current Housing Crisis. However, most agree that Florida Landlords are facing a growing number of Tenants not paying their rent. Accordingly, this has caused distress for Florida Landlords trying to maintain their properties. As a result of the increase in non-payment, the State has created programs to provide relief for Landlords and Tenants. To learn how Accepting Rental Assistance Affects Florida Landlords, contact 954 Eviction Attorneys at 954.323.2529.
Can a Florida Landlord Accept Rental Assistance and Still Evict?
Florida Landlords have seen a decrease in receiving their rent. With new programs in place, Landlords must make a difficult decision: Do I accept the past rent or Proceed with an Eviction? The answer generally is: It depends. If a Landlord decides to accept Assistance, they must look at the program’s rules and regulations. Some prevent them from filing any removal proceedings for a set period of time. While this can be frustrating for them, failure to comply may result in penalties from the Court including sanctions.
How Accepting Rental Assistance Affects Florida Landlords During an Eviction?
Tenants can apply for assistance during an Eviction. This means that even if a Judgment is entered, they can still be approved. If a Landlord accepts the assistance, they must dismiss the case. Failure to do so may result in sanctions by the Court and/or further litigation by the Tenant. For example, they can file a Motion to Vacate the Judgment stating that the Landlord misrepresented the facts about the Eviction.
A Landlord must be careful when accepting rent during the Eviction. While they may want to remove the Tenant, Florida Law prevents them proceeding. Florida Statute 83.56(5)(a) States in part that: If the landlord accepts rent with actual knowledge of a noncompliance by the tenant or accepts performance by the tenant of any other provision of the rental agreement that is at variance with its provisions, or if the tenant pays rent with actual knowledge of a noncompliance by the landlord or accepts performance by the landlord of any other provision of the rental agreement that is at variance with its provisions, the landlord or tenant waives his or her right to terminate the rental agreement or to bring a civil action for that noncompliance.
This applies to Landlords accepting assistance. If they receive rent during the Eviction, they need to dismiss the case. Some request that their Attorney Fees and Court Costs are paid. If the Program does not include it in the Assistance, they need to enter into an Agreement with the Tenant. If the Tenant refuses to pay it, the Landlord needs to return the funds to the Program but can continue with the Eviction.
Before making a decision to accept Rental Assistance, it is important to understand your rights. To learn how Accepting Rental Assistance Affects Florida Landlords, contact 954 Eviction Attorneys at 954.323.2529.