A 3 Day Eviction Notice Is Defective
If It Improperly Calculates The Grace Period For The Tenant
One of the most common reasons a 3 Day Eviction Notice is deemed
defective by the Florida Courts is a result of the improper calculation of the grace period provided by Florida
Statute § 83.56(3). This provision provides:
"If the tenant fails to pay rent when due and the default
continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the
landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement.
Legal holidays for the purpose of this section shall be court-observed holidays only. The 3-day notice shall
contain a statement 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)."
The statute compels substantial compliance with the statutory 3
Day Eviction Notice form. Because the form affords the three day grace period for the tenant, the landlord must
give this grace period to the tenant.
As stated above, the grace period does not include Saturdays,
Sundays, or legal holidays. The legal holidays in Florida are: “(a) Sunday, the first day of each week; (b) New
Year’s Day, January 1; (c) Birthday of Martin Luther King, Jr., January 15; (d) Birthday of Robert E. Lee, January
19; (e) Lincoln’s Birthday, February 12; (f) Susan B. Anthony’s Birthday, February 15; (g) Washington’s Birthday,
the third Monday in February; (h) Good Friday; (i) Pascua Florida Day, April 2; (j) Confederate Memorial Day, April
26; (k) Memorial Day, the last Monday in May; (l) Birthday of Jefferson Davis, June 3; (m) Flag Day, June 14; (n)
Independence Day, July 4; (o) Labor Day, the first Monday in September; (p) Columbus Day and Farmers’ Day, the
second Monday in October; (q) Veterans’ Day, November 11; (r) General Election Day; (s) Thanksgiving Day, the
fourth Thursday in November; (t) Christmas Day, December 25; (u) Shrove Tuesday, sometimes also known as “Mardi
Gras,” in counties where carnival associations are organized for the purpose of celebrating the same. Additionally,
whenever any legal holiday shall fall upon a Sunday, the Monday next following is be deemed, under Florida law, to
be a public holiday.” Florida Statute § 683.01.
LANDLORD RIGHTS TIP: If a landlord includes a Saturday, Sunday or
legal holiday, the 3 Day Eviction Notice will be deemed legally insufficient. Additionally, the landlord must NOT
include the day the notice is given. For example, if the landlord gives the tenant the notice of eviction on
Firday, the first day included in the grace period calculation would be Monday.