Over the past 20 years, the Florida Residential Landlord and Tenant Act has remained nearly free from major changes. However, on June 7, 2013, several key changes were made to the Act through House Bill 77. Three notable revisions that affect evictions include:

(1) The ability to accept partial rent and proceed with eviction in the same month.—
“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, [...] the landlord [...] waives his or her right to terminate the rental agreement or to bring a civil action for that noncompliance, but not for any subsequent or continuing noncompliance. However, a landlord does not waive the right to terminate the rental agreement or to bring a civil action for that noncompliance by accepting partial rent for the period.” § 83.56(5)(a), Fla. Stat. (2013) (emphasis added)

(2) The opportunity to fix a defective three-day notice before dismissal of the case.—
“In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent or in an action by the landlord under s. 83.55 seeking to recover unpaid rent, the tenant may defend upon the ground of a material noncompliance with s. 83.51(1), or may raise any other defense, whether legal or equitable, that he or she may have, including the defense of retaliatory conduct in accordance with s. 83.64. The landlord must be given an opportunity to cure a deficiency in a notice or in the pleadings before dismissal of the action.” § 83.60(1)(a), Fla. Stat. (2013) (emphasis added)

(3) The tenant must post rent into the court registry to contest a defective notice.—
“In an action by the landlord for possession of a dwelling unit, if the tenant interposes any defense other than payment, including, but not limited to, the defense of a defective 3-day notice, the tenant shall pay into the registry of the court the accrued rent as alleged in the complaint or as determined by the court and the rent that accrues during the pendency of the proceeding, when due.” § 83.60(2), Fla. Stat. (2013) (emphasis added)

There are other substantial changes that impact eviction lawsuits and tenancies in Florida. As a result, many landlord/tenant attorneys have adopted new litigation strategies for clients. Consulting with a knowledgeable lawyer can help insure proper compliance with developments in the law.