Examining To Whom The 3 Day Eviction Notice Is Addressed To Determine If It Is Defective

Serving a 3 Day Eviction Notice must be accomplished by the landlord prior to filing an eviction lawsuit.  A proper starting point for the landlord in preparing a 3 Day Eviction Notice is to determine who the notice of eviction must be addressed.  Many times, a landlord, for one reason or another, will have involvement primarily with one tenant, regardless of how many tenants are actually renting the premises.  However, the purpose of the 3 day eviction letter is to give proper due process notice to each of the tenants holding a leasehold interest in the property.  Essentially, that means that if a tenant has signed the lease, or is otherwise defined as a tenant in the particular situation, that person must be included in the 3 Day Eviction Notice.

LANDLORD RIGHTS TIP:  If a husband and wife each hold a leasehold interest in the property, a 3 Day Eviction Notice that only demands payment from the husband is legally defective.  Bailey v. Smith, 103 So. 833 (Fla. 1925).

If the landlord tenant relationship is not memoralized by a written lease (i.e., they have an oral lease), the landlord should err on the side of caution and name each of the tenants in the 3 Day Eviction Notice.

Here is a FREE EVICTION FORM that the landlord can use as a 3 Day Eviction Notice in Florida.

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