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A landlord  issued a 3 day notice  dated January 26, 2009 giving the tenant  until January 30, 2009 to pay $4,800.00.  On February 22, 2009  the tenant paid $2000 of the rent due in cash and obtained a receipt noting a past due balance of $4,350.   Then the landlord filed an eviction action in court.   The court ruled that :  The moment the rent was accepted from the tenant after the giving of the Three-Day Notice and after the giving of the Eviction Notice dated January 26, 2009, the landlord barred himself from commencing this eviction action by virtue of  Section 83.56(5) of the Florida Statutes which provides, “If the landlord accepts rent with actual knowledge  of a non-compliance by the tenant or accepts performance by the tenant. . .the landlord waives his or her right to terminate the rental agreement or to bring a civil action for that non-compliance.” Additionally, the acceptance of rent after a lease expires establishes a new tenancy. The receipt given on February 22, 2009 acknowledges that $2,000.00 rent  was paid in cash and that there is a new rent balance owed by the tenant.

GEORGE POTE & GABE RADI, Plaintiffs, vs. MICHAEL BELL, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 09-01524 COSO (61). April 1, 2009. Arlene Joy Simon, Judge. 16 Fla. L. Weekly Supp. 581a