If a tenant does not pay rent when due according to the rental agreement, then the landlord can serve on the property a 3 Day Notice to Pay or Vacate the property. The 3 Day Notice to Pay or Vacate notifies the tenant that rent is late and due within 3 days (excluding the say served, weekends, and legal holidays) of serving the notice. Serving the tenant notice is required before the eviction complaint may be filed in court. An eviction case can only be filed after expiration of the time period on the notice.
Written or oral rental agreement describes the terms of the lease agreement between the landlord and tenant.
Once the landlord has posted a notice, the tenant has a limited amount of time to come into compliance with the notice.
view also: Notice Requirements
Who Can Post the Notice?
It is not necessary that a Notice to the Tenant be delivered by a sheriff or Florida certified process server. The owner of the property, the landlord or an agent of the landlord may personally give the notice to the tenant at the rental property. NOTE: If the landlord mails the notice to the tenant, the you must add five (5) days to the date the tenant must respond to the notice.
How to Deliver a 3 Day Notice to Pay or Vacate:
When can I deliver a 3 Day Notice?
Generally, rent is due on the first day of each month. Landlords and tenants may agree to different terms, preferably in a written lease agreement (but sometimes an oral agreement), making the rent due on a different day of the month. Often times, written rental agreements offer a 'grace period' after the due date before penalties or late fees might be incurred, but the rent due on the due date.
After I deliver a 3 Day Notice to Pay or Vacate, what happens?
If the tenant pays the full rent amount due before the expiration of three business days following the posting of a 3 Day Notice, then the landlord must accept the late rent payment, and the landlord cannot evict the tenant.
If the tenant fails to pay the full amount of rent owed and 3 full business days have passed then Florida landlord can terminate the rental agreement and evict the tenant from the property by filing a case in court. Florida eviction laws 83.56 provide some guidance on what a proper notice looks like.
In some cases, the tenant will offer to pay a partial payment towards the amount listed on the 3 Day Notice. If the landlord accepts a partial rent payment after posting the 3 Day Notice then the landlord has waived the right to terminate the rental agreement or to bring an eviction case in court. (see Florida statutes 83.56(5).
If the landlord accepts partial payment after posting a 3 Day Notice, the landlord must:
view also Notice Requirements
*The information on this website is not legal advise, nor a substitute for legal advice. Speak with an experienced Florida eviction lawyer to discuss your specific facts, and to review Florida Eviction Law.
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