3 Day Eviction Notice

 

Free Eviction Notice

Landlords and their agents can easily find a free eviction notice in many different places around the internet. However, if the landlord is looking for a 3 day eviction notice to use in Florida, he or she must ensure that the eviction form they choose to use will pass legal scrutiny if the tenant elects to litigate the eviction action rather than merely paying or getting out.

In fact, preparing and serving a properly drafted 3 day notice is a precondition to the landlord's entitlement to filing an eviction action against his or her tenant as a result of the tenant's failure to pay the rent due under the residential lease. This notice to vacate must specifically demand two things. First, the eviction letter must demand that the tenant pay the past due rent by a date certain. Alternatively, the eviction demand must state that if the overdue rent is not paid by a certain date, then the tenant must surrender possession of the property back to the landlord or the landlord's agent. The landlord does not get to choose which option they would prefer the tenant to use. For example, the landlord is not permitted to serve an eviction notice which only provides the option of the tenant moving out. Instead, both options must be given to the tenant or the notice of eviction will be deemed legally defective and the landlord will not be entitled to evict the tenant until a proper notice is filed and served.

Additionally, the 3 day eviction notice has to meet other specific requirements. The first, and most obvious, requirement is that the eviction letter be in writing and expressly demand the exact amount of past due rent the landlord is claiming is done.

The three day notice must also expressly provide the date upon which the tenant must act -- the date by which the tenant must pay the past due rent or surrendered possession of the rental property back to the landlord. This date is known as the tenant's three day grace period because, under Florida landlord tenant law, the tenant is afforded three days to comply with the landlord's demands. However, this three day grace period must be calculated with extreme precision as any defect in the calculation renders the eviction notice a nullity and eliminates the landlord's right to evict the tenant for non-payment of rent.

While it may initially appear rather simple to calculate the tenant's grace period, there are many highly technical rules that must be considered when determining this date. For example, weekends and legal holidays are not included in the three day notice. Weekends are simple: just do not include Saturdays or Sundays. Legal holidays, on the other hand, can be difficult to determine as they are not simply the dates observed by the Court (i.e., the judges and their staff) but, instead, those dates celebrated by the Clerk of the Court. Some of the dates celebrated are truly surprising so it is important that you take these dates into consideration when drafting the three day notice.

Florida Statute 683.01 provides that the "legal holidays", which are also "public holidays", are the following: (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.

Fortunately, the Florida legislature has provided a free eviction notice that must be substantially complied with. For your convenience, this free eviction notice is set forth below:

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 the requirements surrounding the Florida 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, preferably an eviction attorney that experienced in the ins and outs of landlord and tenant laws.