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When to Deliver a 3 Day Notice to Pay or Vacate?

Delivering a 3 Day Notice to Pay or Vacate

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. 

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Who Can Deliver the Notice to Tenant?

Who Can Deliver a Notice to Tenant in Florida?

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.

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How Can a Notice to Tenant be Delivered?

Proper Delivery of Notice to Tenant

Notice to tenant to pay or vacate can be delivered as follows:  

  1. in person by hand delivery to the tenant.
  2. posted on the property in a conspicuous place (such as the front door)
  3. delivered via US Mail, registered or certified mail.

NOTE: If the landlord mails the notice to the tenant, add five (5) days to the date the tenant must respond to the notice.

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Tenant's Security Deposit

Not-Making a Claim Against Tenant's Security Deposit

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.

Making a Claim Against Tenant's Security 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.

What Happens After Delivery of 3 Day Notice?

Tenant has Limited Time After Delivering a 3 Day Notice to Pay or Vacate

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.

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Accepting Rent After Posting Notice

Should Landlord Accept Payment After Delivering Notice

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:

  1. Provide the tenant with a receipt stating the date and amount received and the agreed upon date and balance of rent due before filing an eviction action for possession;
  2. Place the amount of partial rent accepted from the tenant in the registry of the court upon filing an eviction action for possession; or
  3. Post a new 3 day notice reflecting the new amount due.

*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 (888) 384-2872 for a free consultation with an experienced eviction lawyer 

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3 Day Notice to Pay or Vacate (pdf)