Landlord/Tenant & Evictions

Can a Landlord include late fees in a Three Day Notice?

Can a Landlord include late fees in a Three Day Notice?
Can a Landlord include late fees in a Three Day Notice?

For a Landlord, a Florida Three Day Notice can either make or break your case for eviction.  A Florida Three Day Notice is a document provided to a Tenant stating that they have three (3) days to either vacate the property or pay the amount that is due and owing.  The question for many Landlords is:  What is the correct amount due and owing?  Does it include the monthly rental payment, the late fees, utilities or other miscellaneous payments?

The amount listed on the Florida Three Day Notice, per Florida Statute 83.56(3), must state the amount of money for “the rent and use of the premises”.  Pursuant to Florida Statute 83.46(6) “Rent” means the periodic payments due the landlord from the tenant for occupancy under a rental agreement and any other payments due the landlord from the tenant as may be designated as rent in a written rental agreement.

As such, the Three Day Notice must include the monthly rental payment and can only include the late fee(s) if it is labelled as “rent”.

The consequence of a defective Florida Three Day Notice is that the Judge may stop the eviction, while the Landlord has to re-issue or re-serve an amended Florida Three Day Notice.

If you’re a landlord or tenant in Palm Beach County or you need assistance with a Florida Three Day Notice, call your Eviction Attorneys today at The Law Office of Ryan S. Shipp, PLLC. Our experienced Eviction Attorneys are here to assist with all of your Florida landlord tenant needs. Call us today @ (561) 699-0399. We are in Lantana, Florida, we serve South Florida.

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