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.

Here is a FREE EVICTION FORM that the landlord can use as a 3 Day Eviction Notice in Florida.

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