3 Day Eviction Notice

 

Eviction Notice Template

Landlords in Florida have many available resources in which they can locate an eviction notice template for use in attempting to evict his or her tenant for non-payment of rent. These eviction notices are commonly referred to as the 3 day eviction notice, the notice to quit, or the eviction notice.

Preparing and serving a proper form of eviction notice is a statutory precondition to a landlord's entitlement to initiate lawsuit to evict his or her tenant for any rental deficiencies. What this means, in a nutshell, is that the landlord must make a formal demand upon the tenant to pay his or her outstanding rental obligations to the landlord or to move out of the property and surrender possession back to the landlord or the landlord's agent.

This 3 day eviction notice must include several features before it will pass statutory muster. First, the eviction letter must be in writing. While rather self-obvious, this requirement precludes this part of the eviction process from becoming a battle of "he said, she said," pitting the landlord word against the tenant as to whether a proper demand was made.

Next, the 3 day notice must expressly demand the amount due from the tenant as a result of his or her failure to timely pay the rent. This is a common problem for landlords because many want to include as many charges as possible in the notice to vacate. For example, prior to serving the notice of eviction, landlords will commonly review their residential leases and discover that they are entitled to recover late fees, interest and even attorney's fees in the event they are required to sue their tenants for eviction. As such, these landlords simply add all of these charges to the amounts demanded in the eviction notice. However, in many cases, these additional charges is improper. Instead, a landlord is only entitled to add charges that are specifically defined as "rent" or "additional rent" in the written lease. By implication, of course, this means that no charges other than rent can be added in situations where the landlord tenant relationship is based on an oral lease. Please note, however, that if the landlord has to file the eviction action because the tenant fails to pay or move out, those charges can be recovered by the tenant in a successful eviction action.

It is important for the landlord to note that these eviction notices must give the tenant the option to pay the past due rent or to surrender possession of the property to the landlord or the landlord's agent.

Any eviction notice template that the landlord choose to use must also give the tenant a deadline in which to comply with the demands set forth therein. The most common eviction problems arise from determining this date, also known as the tenant's three day grace period.

This calculation must be done carefully as any mistakes in calculating this pay or move out date results in the 3 day notice being declared legally insufficient. One consideration must be that Saturdays, Sundays and legal holidays are not to be included in the tenant's three day grace period. Only dates that are officially observed by the Clerk of the Court are considered official holidays. The "official holidays" observed in Florida are (a) Sunday, the first day of each week; (b) New Year's Day, January 1; (c) Birthday of Martin Luther King, Jr., January 15; (d) Birthday of Robert E. Lee, January 19; (e) Lincoln's Birthday, February 12; (f) Susan B. Anthony's Birthday, February 15; (g) Washington's Birthday, the third Monday in February; (h) Good Friday; (i) Pascua Florida Day, April 2; (j) Confederate Memorial Day, April 26; (k) Memorial Day, the last Monday in May; (l) Birthday of Jefferson Davis, June 3; (m) Flag Day, June 14; (n) Independence Day, July 4; (o) Labor Day, the first Monday in September; (p) Columbus Day and Farmers' Day, the second Monday in October; (q) Veterans' Day, November 11; (r) General Election Day; (s) Thanksgiving Day, the fourth Thursday in November; (t) Christmas Day, December 25; (u) Shrove Tuesday, sometimes also known as "Mardi Gras," in counties where carnival associations are organized for the purpose of celebrating the same. Additionally, whenever any legal holiday shall fall upon a Sunday, the Monday next following is be deemed, under Florida law, to be a public holiday. Florida Statute 683.01 governs whether or not a holiday is considered an official holiday.

The following is an acceptable eviction notice template that landlords can use when serving eviction notices in Florida:

Date: [Insert 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 Amount of Rent and Additional Rent Overdue] for the rent and use of the premises located at___________________________ [Insert Address of Rental Property], _____________________ [Insert City of Rental Property], ________________________ [Insert County of Rental Property], now occupied by you. That rent was due on _______________ [Insert Day 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 Date Calculated In Accordance With 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 Name of Landlord or Property Manager]
[Insert Address of Landlord or Property Manager]
[Insert Telephone Number of Landlord or Property Manager]

LEGAL DISCLAIMER: This article is written based on the current status of Florida’s landlord and tenant laws, including use of an eviction notice template. 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.