Can I be served eviction fro paying within grace period

UPDATED: Nov 17, 2017

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Can I be served eviction fro paying within grace period

My landlord resides out of stateCO, I’m in FL. They put rent due on 1st, late
after 10th. Their bank puts a hold on check when I deposit in their account.
I’ve never paid outside of 10th. They emailed directing I pay with certified
funds and there have been no NSF ever. Also, I paid for an entire month when I
didn’t take possession until the 9th and never asked for prorate.

Asked on November 17, 2017 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The grace period is the period before a late fee is imposed, but if you look at your lease, it almost certainly states that rent is due on or by the 1st of the month; that means that rent paid after the 1st is late and can lead to eviction proceedings, even if no late fee is yet imposed. A lease is a contract; if it states that rent is due by the 1st, you contractually agreed to pay it by then; if you don't, you are breaching the lease/contract and the landlord may take action.

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