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.
The Landlord or agent can deliver a notice to tenant to pay or vacate.
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 deliver the notice to the tenant at the rental property.
Notice to tenant to pay or vacate can be delivered as follows:
NOTE: If the landlord mails the notice to the tenant, add five (5) days to the date the tenant must respond to the notice.
Not Making a Claim on Tenant's Security Deposit
After the tenant has vacated at the end of a lease rental term, or after execution of the writ of possession, if the landlord does not intend to impose a claim on the security deposit, the landlord has 15 days to return the security deposit, together with interest if otherwise required, to the Tenant.
Landlord must return deposit within 15 days if no claim is imposed on deposit.
Landlord must give tenant 30 days notice of intent to impost a claim on deposit
Tenant's must object within 15 days of receiving landlord's notice of claim on deposit
The tenant must object to the imposition of a claim on deposit or to the amount of the claim within 15 days after the tenant receives the landlord's notice. If no objection is received by the landlord from the tenant, then the landlord may deduct the amount of the claim from the deposit, and the landlord shall remit the balance (if any) of the deposit to the tenant within 30 days after the date of the notice of intent to impose a claim on deposit. Even if the tenant fails to timely object (within 15 days), the tenant could seek a return of the deposit and damages in a separate case in court.
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:
*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.
Call (813) 333-1660 for a free consultation with an experienced eviction lawyer
An Affidavit of Non Military Service is a sworn statement stating that to the best of your knowledge, the tenant is not currently serving in active duty in the military. It is necessary to file this document in your case when the tenant or occupant has not filed an answer or appearance in your case
The reason the courts require the filing of an Affidavit of Non-Military Service is to prove that the tenant or occupant is not now serving in active duty and possibly over seas.
The purpose is to protect the men and women serving in the U S military from having a court judgment entered against them without first receiving notice of the lawsuit and a chance to defend themselves.
The Affidavit of Non Military Service must be signed before a notary by the plaintiff (or plaintiff's agent) and must be filed with the clerk of court before a final judgment will be entered against the tenant or occupant.
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