Prior to initiating an eviction action against a residential tenant for the non-payment of rent, the landlord is required to serve on the tenant a Three Day Notice to Pay Rent or Quit. When preparing this notice, a landlord must be careful to follow Florida Statute §83.56, or they risk causing a potentially significant delay in their eviction proceeding.
When posting the Three-Day Notice, one of the most common errors made by landlords is the miscalculation of the three day period by forgetting to exclude weekends and legal holidays or by including the date of delivery as day one. Another common mistake is adding late fees or other charges into the amount demanded in the notice when the statute only allows the amount of “rent” owed to be included. Prior to the amendments made to the Residential Landlord Tenant Act in 2013, errors such as these could mean the dismissal of the landlord’s eviction case, equating to the loss of the landlord’s time and additional fees and costs.
Effective July 1, 2013, the Three-Day Notice requirement was amended to state that “The landlord must be given an opportunity to cure a deficiency in a notice or in the pleadings before dismissal of an action.” This change means that a landlord’s case will no longer be entirely dismissed for errors in their Three-Day Notice saving the landlord additional costs and fees in initiating a new eviction case. However, if a Three-Day Notice is defective, the landlord will have to correct it, deliver it, and wait for an additional three day period before moving forward. If another deficiency is found, this notice process will need to be repeated yet again.
The Three-Day Notice is the first step in the eviction process and should be carefully drafted in order to avoid potential delays in an eviction case before it begins. As always, should you have any questions regarding the foregoing, please consult your real estate attorney.
This communication is not intended to establish an attorney client relationship, and to the extent anything contained herein could be construed as legal advice or guidance, you are strongly encouraged to consult with your own attorney before relying upon any information contained herein.
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