Defective 3 Day Eviction Notice As A
Complete Defense To A Florida Residential Eviction Action
As draconian as it may seem to the non-lawyer, if the landlord
serves a defective 3 Day Eviction Notice,
the landlord’s residential eviction complaint will be dismissed for failing to state a cause of action (i.e., it is
legally insufficient). Investment & Income Realty, Inc. v. Bentley, 480 So. 2d 219 (Fla. 5th DCA 1985). That is
because a proper 3 day notice is
a statutory condition precedent to filing an eviction proceeding in Florida.
Moreover, because the landlord is the party seeking to prove his
or her entitlement to the tenant eviction, the landlord carries the burden of proof on that issue. As a result, if
the tenant raises the defense that the landlord’s 3 Day Eviction Notice is defective, the burden of proof has not
yet shifted to the tenant until the landlord proves that the 3 Day Eviction Notice is legally sufficient. The
tenant is not required to pay the alleged past due rent into the Court registry pursuant to Florida Statute §
LANDLORD RIGHTS TIP: A non-defective 3 Day Eviction Notice is
absolutely critical to a residential tenant eviction in Florida. The following articles examine some of the most
common defects raised in defense to tenant eviction related to the 3 Day Eviction Notice.