A 3 Day Eviction Notice Is Defective If It Includes Additional Charges Not Properly Designated As Rent

After reviewing the residential lease to determine what sums are due from the tenant so as to include such sums in the 3 Day Eviction Notice, the landlord usually wants to include every penny that they can.  However, because only “rent” can be properly demanded in the notice of eviction, the landlord must understand what is defined as “rent” under Florida law.  Specifically, Florida Statute § 83.43(6) defines “rent” as “the periodic payments due the landlord from the tenant for occupancy under a rental agreement and any other payments due the landlord from the tenant as may be designated as rent in a written rental agreement.”

As a result, unless specifically defined as “rent” or “additional rent” in the lease, the landlord may not include such other charges in the 3 Day Eviction Notice to be served on the tenant.

LANDLORD RIGHTS TIP:  The most common improper inclusion of “non-rent” in a 3 Day Eviction Notice is a demand for late fees. While it is true that most residential leases include provisions entitling the landlord to late fees in the event the tenant fails to timely pay the rent, these late fees are not usually specifically defined as “rent” or “additional rent” in the lease.  Accordingly, the landlord must carefully review his or her lease to determine whether late fees are properly chargeable in the notice of eviction.

Here is a FREE EVICTION NOTICE FORM that the landlord can include in the lease to define late fees and other charges as “rent”.

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