When it comes to Landlord-Tenant Law in Florida, our West Palm Beach Eviction Lawyers are always asked, what is a Florida 3 Day Notice? In order to have a Florida Residential Tenant removed from the premises for non-payment of rent, a proper Florida 3 Day Notice is the first step of the process and required under Florida law.
Are you a Florida Landlord that has a non-paying Tenant residing at your property that is not paying rent? Has your Tenant(s) ability to pay changed due to the Tenant being out of work because they were fired or laid off? Is your Tenant not paying rent because of a Coronavirus or COVID-19 related matter? With the laws changing almost on a daily basis due to the global impact of the Coronavirus, it is important to be armed with competent, experienced, and knowledgeable West Palm Beach Eviction Attorneys on your side that know both the law and how to successfully and quickly navigate your Florida Eviction through the legal system.
Per Florida Statute 83.56(3), the Florida 3 Day Notice must contain a statement declaring the amount indebted to the Landlord, the address of the property, and a demand for payment or possession. The delivery of the written notice must be by mail, hand delivery or by posting the notice on the premises if the Tenant is not at the property. If you are posting the notice yourself, our office always recommend taking a picture of the Florida 3 Day Notice.
As discussed, the Florida 3 Day Notice is the first step before the Landlord, Owner or Property Manager can proceed with filing the Florida Residential Eviction complaint. If the notice does not contain the amount indebted to the Landlord for use and possession of the property or contain the property address, the Tenant may have a defense to the action, but the Tenant must first comply with Florida Statute 83.60(2).
Per Florida Statute 83.60(2), in an action by the Landlord for possession of a dwelling unit, if the Tenant interposes a defense other than payment, including, but not limited to, the defense of a defective 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.
If the notice is defective, the Landlord may be required to reserve/repost a valid Florida 3 Day Notice in order to proceed with the Eviction action. Although defective paperwork will usually not have the Eviction dismissed for the Landlord, it can serve as both a costly and timely delay in the Eviction process.
Are you a Florida Landlord, Owner, or Property Manager? Do you need assistance with preparing or serving a Florida 3 Day Notice? Have you been served with a Florida 3 Day Notice? Law Office of Ryan S. Shipp, PLLC and its team of West Palm Beach Eviction Attorneys are here to help you with all of your Landlord-Tenant and Florida Eviction needs. Call us today @ 561.699.0399 to set-up an appointment to visit our Lantana, Florida office location.
