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 they 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 in the property that has the ability to make the 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. The remainder of this Eviction Blog goes through many pertinent issues relevant to the Florida 3-Day Notice and can help assist with navigating through this very important required part of the process in the removal of a Florida Non-Paying Residential Tenant.
When Do I Provide A Florida 3 Day Notice to my Tenant?
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.
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.
What Do I Put In My Florida 3 Day Notice to my Tenant?
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)
Can Late Fees be Included in my Florida 3 Day Notice to my Tenant?
Yes, but only if late fees are labelled as “Additional Rent” in the terms of the written lease. If there is no written lease, late fees can be included in the notice. Please be advised that this does not necessarily mean that the Landlord cannot subsequently recover these late fees, it just means they cannot be added into the notice.
Per 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.
Special Delivery Requirements for your Florida 3 Day Notice
You must add an additional five (5) business days to the due date in the notice if any of the following occur:
- The Landlord is using a P.O. Box for where payment is to be sent in the notice;
- The Landlord has an out of state address for where payment is to be sent in the notice; or
- The Landlord serves the notice upon the Tenant through U.S. mail.
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!