A 3 Day Eviction Notice Is Defective If It Demands The Incorrect Amount of Rent

Most landlords, prior to preparing the 3 Day Eviction Notice, realize that it is a good idea to review the residential lease to determine the amount of rent that should be included in the notice of eviction.  This is a very important step for the landlord to complete because a 3 Day Eviction Notice that demands an incorrect amount of rent makes the notice of eviction defective.  Kaplan v. McCabe, 532 So. 2d 1354 (Fla. 5th DCA 1988).

LANDLORD RIGHTS TIP:  If the landlord is owed the current month’s rent and next month’s rent will become due in the near future, it is improper for the landlord to demand next month’s rent in the 3 Day Eviction Notice.  Instead, the landlord should either not include next month’s rent, or wait until next month to service the notice of eviction.

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