3 Day Eviction Notice

 

Eviction Notice Form

Finding the best Florida eviction notice form can sometimes feel like searching for a needle in a hay stack. After all, a simple internet search will reveal so many different versions of the 3 day eviction notice to choose from, the typical landlord will probably throw up his or her hands in frustration. And with good reason -- Florida eviction laws are extremely technical and the slightest error in drafting or serving the eviction notice will result in a landlord's inability to evict his or her tenant, even if that tenant has not paid the rental obligations!

As a result, it is important Florida landlords find an appropriate eviction notice form that he or she can use in the eviction process. The Florida legislature, perhaps realizing that this was a problem, has provided a free eviction form that can be used provided, however, that the landlord substantially complies with the prescribed form. The eviction notice form mandated by the Florida Statutes is set forth below:

Date: [Insert the Date Notice Is Prepared - preferably it is also the date the eviction notice will be served on the tenant]
To: [Insert the Name of the Tenant - this needs to be the name of the tenant as it appears in the residential lease agreement]

You are notified that you are indebted to me in the sum of $________________ [Insert the Amount of Rent and the Additional Rent Overdue] for the rent and use of the premises located at___________________________ [Insert the Address of Rental Property], _____________________ [Insert the City of the Rental Property], ________________________ [Insert the County of the Rental Property], now occupied by you. That rent was due on _______________ [Insert the Day the Rent Was Due] and I demand payment of the rent or possession of the premises within three days (excluding Saturdays, Sundays, and legal holidays) from the date of delivery of this notice, specifically, on or before ___________________ [Insert the Date Calculated In Accordance With the Applicable Florida Statute].

CERTIFICATE OF SERVICE

I certify that a copy of this notice has been furnished to the above named tenant on ________________ [Insert Date of Service of Process], at ______________a.m. / p.m., by:

1. ( ) Delivery
2. ( ) Posting in a conspicuous place on the premises.

_________________________________________________
[Insert the Name of the Landlord or the Property Manager]
[Insert the Address of the Landlord or the Property Manager]
[Insert the Telephone Number of the Landlord or the Property Manager]

Florida landlords should keep in mind, however, that just because the 3 day eviction notice is easily printable and can seemingly can be used by just filling in a few blank spaces, there are many technicalities that can leave the him or her exposed to a clever tenant. In other words, do not take this form lightly and disregard its requirements as they are strictly construed and any mistake will be counted against the landlord, using taking the form of the eviction action being dismissed.

Although the preparation and service of the 3 day eviction notice occurs prior to the eviction action being filed with the Courts, it should be considered the first pleading of the eviction action. This is so because the 3 day notice is a statutory precondition to the landlord's maintenance of the eviction lawsuit -- if the notice fails, so does the eviction action.

Florida law requires that a properly filled out eviction notice form be delivered to the tenant owing the past due rent. This eviction notice must be given in writing as oral demands do not comply with the applicable statutes.

The statute also mandates that the exact amount of past due rent be expressly set forth in the eviction notice and that no other charges other than "rent" or "additional rent" be included in the demand. In a nutshell, this means that unless late fees, interest and attorney's fees are expressly defined as rent in a written residential lease agreement, it is improper to include these sums in the notice to vacate. Many landlords run into problems with this requirement since they simply assume that if the lease says they can get those charges in the event of a default by the tenant, they add them to their eviction notices without verify how those charges are defined in the lease. Accordingly, those landlords often face a rude awakening when the eviction judge throws out their case as a result of an improper three day eviction notice.

Luckily, a landlord, while unable to include them in the notice to quit (if not properly defined in the residential lease), can still obtain them in any award against the tenant once the lawsuit is filed and the case proceeds to trial.

Of course, there are additional requirement to comply with when using an eviction notice form. The landlord must also give the tenant the option of paying the past due rent or vacating the property as of a date specified in the notice. If the landlord elects not to give the tenant both the option to pay and the option to move out, the 3 day eviction notice will be deemed defective and the landlord will not be permitted to evict the tenant, even if there is no dispute that the rental payments have not been made.

Finally, the landlord must advise the tenant of the exact date upon which he or she must comply. This is known as the tenant's three day grace period. This only makes since because it is only fair to let the tenant know what his or her deadlines are. The Florida 3 day eviction notice cannot include weekends or legal holidays. Additionally, if the notice is sent to the tenant through the mail, five additional days are required to be added to the applicable cure period, effectively giving the tenant eight days (not including holidays or weekends) to respond to the eviction letter.

LEGAL DISCLAIMER: This article is written based on the current status of Florida’s landlord and tenant laws, including the 3 Day Eviction Notice. However, this article is for general knowledge only and is not intended, in any way whatever, to constitute legal advice. Prior to following any recommendations listed in this article, please consult an attorney duly licensed in your state.