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.