Have you received a Three Day Notice in Florida? Pursuant to Florida Statute 83.56(3), when a tenant fails to pay the monthly rental payment, a Landlord sends the Tenant a Three Day Notice to Pay or vacate. If the Tenant fails to pay the monthly rental payment during those three (3) days (excluding weekends and legal holidays), the Landlord may terminate the rental agreement. Once you receive the Three Day Notice, a determination must be made whether the Landlord is correct is demanding the monthly rental payment, i.e. has rent already been paid and there is an accounting error? If so, the best course of action is to communicate with the Landlord/Landlord’s agent to correct the error. If payment was not made due to maintenance issues in the Property, was a proper Seven Day Notice from Tenant to Landlord sent to the Landlord documenting and detailing the maintenance issues?
It is important to note that the Three Day Notice is a pre-requisite to the filing of an eviction action in Florida. If payment is not made within those three days, the Landlord has the legal right to terminate the rental agreement and file the eviction action. Although a valid defense may be applicable to not paying rent, that is an issue to be brought up in the eviction action.
Have you been served with a Three Day Notice? Are you a Landlord that needs a Three Day Notice to be served on your tenant? No problem. The experienced and knowledgeable Landlord Tenant attorneys at the Law Office of Ryan S. Shipp, PLLC are here for you. Call us today @ (561) 699-0399 or visit us on the web at shipplawoffice.com.
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