3 Day Eviction Notice

 

Camps v. Rushing, 4 Fla. L. Weekly Supp. 615a (Alachua Co. 1997)

Where the Landlord serves a defective 3 day eviction notice upon a tenant living in Alachua County, Florida, the Landlord's eviction complaint will be dismissed without prejudice.

Carolyn D. Camps, Plaintiff, v. Leonard Rushing and Gail Rushing, Defendant.  County Court, 8th Judicial Circuit In And For Alachua County, Florida. Civil Division. Case No. 97-57-LT, Division V. Order entered on February 10, 1997 by Judge Judy R. Collins.

Cite as: Camps v. Rushing, 4 Fla. L. Weekly Supp. 615a (Alachua Co. 1997).

In this eviction lawsuit, the Plaintiff, Carolyn D. Camps (the "Landlord"), sued the Defendants, Leonard and Gail Rushing, for possession of rental property pursuant to Florida's Residential Landlord and Tenant Act (Chapter 83, Part II). 

The eviction Judge, after reviewing the parties submissions of case law, ruled that the Landlord's 3 day eviction notice was insufficient as a matter of law.  [The Court does not specify how the eviction notice was defective.]

The Court ruled that because serving a proper three day eviction notice is a necessary precondition to establishing jurisdiction of the Court to decide the landlord tenant dispute, the Landlord's eviction Complaint must be dismissed without prejudice to re-serve a complaint based upon a valid and enforceable eviction notice.

NOTE:  This case would likely not be followed today because the dismissal of the Complaint should have been with prejudice, meaning that the underlying case had been decided on the merits. In other words, the Landlord would need to file a new lawsuit complete with a new filing fee, case number, service of process, and the like, after he or she properly served the Tenant with a 3-day eviction notice that comported with Florida law.