Landlord/Tenant & Evictions

What is a 3 Day Notice and is it required for a Florida Eviction?

What is a 3 Day Notice and is it required for a Florida Eviction?
What is a 3 Day Notice and is it required for a Florida Eviction?

Our West Palm Beach Eviction Attorneys are always asked What is a 3 Day Notice and is it required for a Florida Eviction?

Chapter 83, Part II, of the Florida Statutes details Florida’s Residential Eviction process. Unfortunately, not all Tenants in Florida are able to pay their rent on time and sometimes Tenants cannot even afford to pay their rent at all. When this happens, Landlords and Property Managers are forced to make a tough decision.

Do we continue to keep hoping that circumstances will change or should we move forward with the Eviction Process in order to remove the Non-Paying Tenant and place in a new Tenant that has the ability to make monthly rental payments.

When a Landlord or Property makes the decision to move forward with Eviction proceedings, the first step in the process is to issue the Florida 3 Day Notice of Eviction.

How Do I Serve the 3 Day Notice on My Tenant?

Pursuant to Florida Statutes, 83.56, the Florida 3 Day Notice:

shall be by mailing or delivery of a true copy thereof or, if the Tenant is absent from the premises, by leaving a copy thereof at the residence. These notice requirements may not be waived in the lease.

When Do I Provide A Florida 3 Day Notice?

A Florida 3 Day Notice is provided to a Tenant where there is a verbal contractual agreement or a written rental agreement wherein the Tenant pays monies (“Rent”) to the Landlord in exchange for the Tenant’s use of the residential premises. During the 3 day period after the Tenant receives the Florida 3 Day Notice, the Tenant has the opportunity to make good and pay past due rent owed to the Landlord. Upon the expiration of the 3 Day Notice, if the rent is still outstanding, the Landlord can proceed with the filing of an Eviction for possession of the premises in the County Court where the property is located.

What Do I Put In My Florida 3 Day Notice?

The Florida 3 Day Notice is extremely important because it gives the Tenant actual notice that past rent is due and that an Eviction action is forthcoming unless the rent is paid in full.  Additionally, the Florida 3 Day Notice must state the date the notice was served, a statement saying that the Landlord may pursue legal action and a statement describing how the Tenant was served. All of these requirements should be in substantially the following form:

You are hereby notified that you are indebted to me in the sum of   dollars for the rent and use of the premises   (address of leased premises, including county)  , Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the   day of  ,   (year)  .

  (landlord’s name, address and phone number)  

In Florida, the 3 Day Notice is mandatory for non-payment of rent in a residential Eviction proceeding and failure to provide proper notice can cause the Eviction to be either delayed or potentially dismissed.  If you are a Florida Landlord or Property Manager seeking to Evict your non-paying Tenant, the West Palm Beach Eviction Attorneys at the Law Office of Ryan S. Shipp, PLLC can assist by efficiently and effectively handling your Eviction.   The Law Office of Ryan S. Shipp, PLLC is a one stop shop for all of your Landlord/Tenant needs in South Florida.  We are conveniently located east of I-95 on Lantana Road in Lantana, Florida.  Call us now @ 561.699.0399 to learn more about our competive pricing for your West Palm Beach Commercial Eviction or West Palm Beach Residential Eviction and how to get your Tenant out!

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