Quick Answers
- Short answer: yes, you can accept partial rent and still evict, but only if you follow one of three specific steps under Florida Statute 83.56(5).
- The trap: if you accept rent with knowledge of the nonpayment and do nothing else, you waive your right to evict for that nonpayment.
- The three safe options: give a written receipt stating the balance still due, deposit the partial payment into the court registry when you file, or serve a new 3-day notice for the updated amount.
- Accepting the full back rent ends the eviction for that nonpayment (Florida Statute 83.202).
- The waiver is limited to that specific nonpayment, not to future months.
- Many landlords simply decline and document partial payments during an active eviction. Ask the firm before you accept.
Tenant Offering Part of the Rent? Pause First.
One wrong move can waive your eviction. The firm will tell you how to handle it before you accept.
The Short Answer
Yes, you can accept a partial rent payment and still move forward with the eviction, but Florida law requires you to do one of three specific things at the time you accept it. If you accept the money and do nothing else, you waive your right to evict the tenant for that nonpayment. The good news is the waiver is narrow: it only covers the rent you accepted payment toward, not the rest of the tenancy.
The Waiver Trap
Under Florida Statute 83.56(5)(a), if a landlord accepts rent with actual knowledge that the tenant is in default, the landlord waives the right to terminate the lease or bring an action for that noncompliance. Accepting the full past-due amount ends the eviction for that month entirely under Florida Statute 83.202. This is the trap that catches landlords who try to "work with" a tenant informally, take a payment, and then file anyway on the old notice.
The key word is "that" noncompliance. The waiver applies only to the specific nonpayment you accepted money for. If the tenant falls behind again the next month, you can still evict for the new nonpayment with a fresh notice.
The Three Ways to Accept Partial Rent Without Waiving
Florida Statute 83.56(5) gives a landlord three ways to take a partial payment and still keep the eviction alive. You must do one of them:
- Give a written receipt. Provide the tenant a receipt stating the date and amount you accepted and the agreed date and balance still due, before you file the action.
- Use the court registry. Deposit the partial payment into the registry of the court when you file the action for possession.
- Serve a new 3-day notice. Post a new 3-day notice that reflects the updated amount still owed.
What the Firm Recommends
Because the waiver rules are strict and a small minority of judges view partial acceptance more harshly than others, many landlords simply decline a partial payment during an active eviction, return it, and document that they did so. If you do want to accept, the cleanest options are usually depositing the payment into the court registry when you file or serving a new notice for the balance. Either way, talk to the firm before you accept, so the case is protected rather than exposed.
A New Notice Resets the Clock
If you choose the third option and serve a new 3-day notice for the remaining balance, the three-business-day clock starts over for the new amount. That means accepting partial rent can add time to the process, so weigh the cash in hand against the delay. For how the count works, see what happens after a 3-day notice.
Most landlords think one accepted payment poisons the entire case. It does not. The waiver under Florida Statute 83.56(5)(a) is tied to the specific nonpayment you took money toward, not to the tenancy as a whole. A tenant who pays part this month and falls short again next month can still be evicted for the new shortfall with a fresh notice.
The real exposure is the amount on the notice. If you accept $400 of a $1,200 demand and then file on the original $1,200 notice without taking one of the three statutory steps, your notice now demands the wrong amount, and a tenant can use that to challenge the case. Match the notice to what is actually owed and the problem disappears.
What This Costs
Handling a partial payment correctly does not change the cost of the eviction itself. For one tenant, an uncontested residential eviction runs about $530 all-in, including the firm's flat $295 attorney fee. For the full breakdown, see how much a Florida eviction costs.
Not sure whether to take the payment? Ask before you cash it.
Kelley, Grant & Tanis has handled more than 35,000 eviction cases across Florida. Call 1 (877) 871-8300 or ask the firm. Related reading: my tenant stopped paying rent and what happens after a 3-day notice.
Frequently Asked Questions
Can I accept partial rent after serving a 3-day notice in Florida?
Yes, but only if you follow one of three steps under Florida Statute 83.56(5): give the tenant a written receipt stating the balance still due before filing, deposit the partial payment into the court registry when you file, or serve a new 3-day notice for the updated amount. If you accept the money and do none of these, you waive your right to evict for that nonpayment.
Does accepting partial rent cancel my eviction?
It can. Under Florida Statute 83.56(5)(a), accepting rent with knowledge of the default waives your right to evict for that nonpayment unless you take one of the three statutory steps at the time you accept it. The waiver applies only to that specific nonpayment, not to future months.
What are the three ways to accept partial rent without waiving the eviction?
You can give the tenant a written receipt stating the amount accepted and the agreed date and balance still due before filing, deposit the partial payment into the court registry when you file the action for possession, or post a new 3-day notice reflecting the new amount owed. Doing one of these preserves your right to proceed.
Should I just refuse partial payments during an eviction?
Many landlords do. Declining a partial payment, returning it, and documenting that you returned it avoids any waiver argument. If you prefer to accept, the cleanest options are usually depositing the payment into the court registry when you file or serving a new notice for the balance. Either way, confirm with counsel before accepting.
If I accept partial rent, do I have to start over with a new notice?
Only if you choose that option. Serving a new 3-day notice for the remaining balance restarts the three-business-day clock for the new amount. You can instead give a written receipt or deposit the payment into the court registry to avoid restarting, but a new notice is one of the three valid paths.
Does accepting full back rent end the eviction?
Yes. Under Florida Statute 83.202, accepting the full amount of past-due rent with knowledge of the nonpayment waives your right to proceed with the eviction for that nonpayment. If the tenant later falls behind again, you can start a new eviction for the new default.
If I accept partial rent one month, can I still evict for later months?
Yes. The waiver under Florida Statute 83.56(5)(a) is limited to the specific nonpayment you accepted money toward. A tenant who pays part this month and then falls short again can still be evicted for the new shortfall with a fresh notice.
What happens if my 3-day notice shows the wrong balance after a partial payment?
A notice that demands more than is actually owed after a partial payment can be challenged by the tenant. If you accept partial rent, update the demand by serving a new notice or by using one of the other two statutory steps, so the amount you file on matches what the tenant actually owes.