The first step in evicting a Florida Residential Tenant is to properly post/serve/mail a valid 3-Day Notice. Per Florida Statute 83.56(3), the 3-Day Notice is a demand for payment of past due rent or for possession of the property.
The 3-Day Notice must contain a statement declaring the amount indebted to the Landlord, the address of the property and demanding payment or possession. The delivery of the written 3-Day Notice is by mail, hand-delivery or posting on the premises if the Tenant is not there.
This 3-Day Notice is the first step before the Landlord can file its Florida eviction complaint. This notice can be termed a notice of eviction prior to the filing in local County Court. If the 3-Day Notice does not contain the amount indebted to the Landlord for use and possession of the property or contain the property address, the Tenant will have a defense, but must comply with Florida Statute 83.60(2).
Per 83.60(2), 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.
If the 3-Day Notice is defective, the Landlord must reserve/repost a valid 3-Day Notice to move forward, but it will not be grounds for dismissal of the action.
Do you need assistance with preparing or serving a correct and valid 3-Day Notice? Have you been served with a 3-Day Notice? The Law Office of Ryan S. Shipp, PLLC and its experienced team of Eviction Attorneys are here to help you with all of your Landlord-Tenant and Eviction needs. Call us today @ (561) 699-0399 to set-up an appointment to visit our Lantana, Florida office location.
