My landlord has recently filed an eviction suit for non-payment of rent in Florida. We have yet to schedule a hearing and still have a few days to respond to the court with a defense. If we paid the rent would the landlord have to drop the eviciton and continue to let us stay in the home?

If the landlord agrees to accept your delinquent rent they should drop the suit as you paid the rental monies. Be sure to get a receipt from the landlord and show up at any hearing with this receipt just in case. Dumber things have happened when you don't show up at hearings even though everyone swears the hearing is off and the case dismissed. If your landlord agrees to accept your payment and drops the suit and you want to continue living there, don't be late with the rent again in a big hurry. He may not accept your rental monies but if he does not accept the rent, go to court with the money and tell the judge you have the money to pay him right with you and that you want to pay and he refused payment.

Just to be clear, you need to have all the rent that you are behind, not just this month's.

If we paid the rent would the landlord have to drop the eviciton and continue to let us stay in the home?Hello finder:

I think so. Froggy is right. You need to cure the rental defect totally. But, if you're only a month to month tenant, he can throw you out with a 30 day notice.

Florida, however, is a different landlord/tenant animal than the rest of the country. Given the above, if I were you, I'd want to SEE the law for myself. I have to tell you that I didn't read it..

So, if you want to see it for yourself, we have a copy right here at the top of the real estate page on a sticky note.

excon

Generally, this depends on what stage of the process you are in. The first step can be one of two things. Either a pay or vacate notice or a lease termination notice. If you got a pay or vacate, then the sole reason for eviction is non payment of rent. This would mean that you could end the eviction process at anytime prior to being physically removed by bringing your rent FULLY up to date, including late charges.

However, if you have been chronically late, the landlord could refuse the payment.

Check this: RIGHTS AND DUTIES OF TENANTS (http://72.14.205.104/search?q=cache:kwuSAhZ5M8IJ:www.floridabar.org/TFB/TFBResources.nsf/Attachments/AB416733954D0CE7852572F4004D5C3E/%24FILE/RIGHTS%2520AND%2520DUTIES%2520OF%2520TENANTS%2520A ND%2520LANDLORDS.pdf%3FOpenElement+is+payment+of+p ast-due+rent+a+defense+to+eviction+in+Florida%3F&hl=en&ct=clnk&cd=9&gl=us)

[QUOTE=George_1950]Check this: see if this works any better: RESIDENTIAL EVICTIONS IN FLORIDA: WHEN THE RENT IS DUE, WHERE IS THE PROCESS? (http://72.14.205.104/search?q=cache:h_4hm3YYiBgJ:www.law.stetson.edu/lawrev/abstracts/PDF/36-1Piccard.pdf+is+payment+of+past-due+rent+a+defense+to+eviction+in+Florida%3F&hl=en&ct=clnk&cd=1&gl=us)