3 Day Eviction Notice

 

Alchua County 3 Day Eviction Notice

Relationships Covered By Statute:

Where the Tenant has occupancy of the property under a contract of sale, the Court lacks subject matter jurisdiction as that type of interest is excluded under the Florida Landlord and Tenant Act, Fla. Stat. § 83.42(2). Nihil v. Ochsenius, 5 Fla. L. Weekly Supp. 21a (Alachua Co. August 14, 1997)

Property Manager Requirements:

Florida law requires that a corporate landlord be represented by a member of the Florida Bar. While it is true that a property manager is permitted to file a pro se Complaint for eviction and appear without an attorney in an uncontested eviction action for nonpayment of rent, once the Tenant files an answer and serves a notice of hearing, the property manager must have written authorization from the corporate landlord to complete, sign, and file eviction for nonpayment of rent.  Marty v. Patel, 5 Fla. L. Weekly Supp. 259b (Alachua Co. 1998).

Statutory Condition Precedent:

A statutory cause of action cannot be commenced until the Landlord has complied with all conditions precedent. A necessary precondition to an action for possession is service by the Landlord on the Tenant of a proper notice of eviction terminating the tenancy.

Current Law:

If the Landlord files an eviction suit against a Tenant and the 3-day notice is defective, the Court is without jurisidiction to resolve the eviction dispute and the Complaing must be dismissed with prejudice.  Pons v. Jackson, 4 Fla. L. Weekly Supp. 863a (Alachua Co. 1997).

Old Law:

Where a Landlord files an eviction action predicated upon a defective 3 day eviction notice, the Court is without jurisdiction to decide the matter and the eviction Complaint must be dismissed without prejudice. See Camps v. Rushing, 4 Fla. L. Weekly Supp. 615a (Alachua Co. February 10, 1997); Shirvani v. Williford, 4 Fla. L. Weekly Supp. 609c (Alachua Co. December 3, 1996) (If a Landlord serves a defective 3 day eviction notice and then files an eviction Complaint based on it, the Landlord is not permitted to attempt to cure the defect by reserving a proper eviction notice without reserving an amended Complaint.).

Substantial Compliance With Form:

Florida Statute § 83.56(3) 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)."

The 3-day eviction notice must be in substantial compliance with the requirements of Florida Statute § 83.56(3), failing which it will be deemed fatally defective. Where a Landlord serves a Tenant with a “Three Day Delinquent Tenant” notice, the Landlord fails to substantially comply and, as a result, the eviction case must be dismissed. See Pons v. Jackson, 4 Fla. L. Weekly Supp. 863a (Alachua Co. June 26, 1997)

Rent Requirements:

When issuing a three-day notice, if the Landlord demands payment of monies other than rent or monies expressly defined as “rent” by the lease, that notice will deemed defective as it does not substantially comply with Florida Statute § 83.56(3). Where late fees are defined as rent in a set of “House Rules” executed simultaneously with the lease, the Landlord will be deemed to have improperly included monies other than “rent” or “additional rent” and, as such, the eviction action dismissed with prejudice. Arbor Land Trust v. Rozier, 5 Fla. L. Weekly Supp. 21b (Alachua Co. August 19, 1997).

A three-day eviction notice will be defective where it demands amounts in excess of rent, unless those additional amounts are agreed to in writing.  Bass v. Combs, 6 Fla. L. Weekly Supp. 438a (Alachua Co. 1999).

Timing Requirements:

A three-day eviction notice that fails to afford the tenant a full three days in which to pay the rent is insufficient to terminate that tenant's tenancy and cannot form the basis for a judgment of eviction for nonpayment of rent.  Chavez v. Hunter, 5 Fla. L. Weekly Supp. 469b (Alachua Co. 1998).

Landlord Waivers:

A landlord waives the right to evict a tenant for noncompliance by accepting rent with actual knowledge of the tenant's noncompliance.  NHP Property Management, Inc. v. Boswell, 6 Fla. L. Weekly Supp. 291b (Alachua Co. 1998); Williams v. Blount, 7 Fla. L. Weekly Supp. 130a (Alachua Co. 1999).