How To Write A 3 Day Eviction Notice In Florida

First, you must understand what must be included in the 3 Day Eviction Notice.  Florida law provides a very specific eviction notice form that must served upon the tenant prior to initiating an eviction action. Specifically, Florida Statute § 83.56(3) provides: "If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement. Legal holidays for the purpose of this section shall be court-observed holidays only. The 3-day notice shall contain a statement in substantially the following form: You are hereby notified that you are indebted to me in the sum of ____ dollars for the rent and use of the premises ... (address of leased premises, including county)..., Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the ____ day of _______, (year)."

Second, you must understand what is considered a legal holiday as that term is defined under Florida law.  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.

Third, you must understand what constitutes "rent" under Florida law and, therefore, is properly includable in a 3 Day Eviction Notice. Simply put, "rent" under Florida law is anything that the written lease says it is. For example, if the residential lease provides that late fees are defined as "rent" or "additional rent", then it is acceptable to include the late fees in the 3 day eviction notice. If, however, you do not have a written lease that defines all of the charges that properly chargeable as "rent" or "additional rent", then you may not include those charges in the 3 day eviction notice. Instead, you may only include the actual rental payments that have not been paid.

Fourth, you must include everything that the statute requires in the 3 Day Eviction Notice. Florida's legislature has drafted a landlord's eviction notice and includes it in the body of the landlord and tenant statute. It is imperative that you use it if you want your 3 day notice to be effective. For example, the statute set forth above specifically requires that you include the address of the leased premises, including the county. If your notice of eviction fails to include the county that the property is located, it may be deemed defective by the Court.

Fifth, you must understand the calendaring system required for the 3 Day Eviction Notice. Florida law is very particular when it comes to giving tenants proper notice of a default under a residential lease. Keep that in mind in everything you do and err on the side of giving the tenant more time to respond, not less. However, what is not evident from the statute is that you do not include the date on which the eviction noticed is served upon the tenant in calculating the tenant's deadline to pay or get out. For example, let us assume you want to serve a rental eviction notice on Monday, September 7. The date that you must include in the eviction notice is Thursday, September 10, NOT, Wednesday, September 9. Additionally, you must make sure that the notice is not served on a legal holiday (as defined above) and that you do not include Saturday or Sunday in your calculations. Failing to comply with these guidelines may result in your 3 day eviction notice being deemed legally insufficient under Florida law.

Finally, you must understand the proper method of serving the 3 Day Eviction Notice. Florida Statute § 83.56(4) provides that the delivery of the written notice required under this statute shall be by mailing or delivery of a true copy thereof, or if the tenant is absent from the premises, by leaving a copy thereof at the residence. However, what the Florida Statute fails to say is that if you mail the notice to the tenant, you must add an additional five days to the time period in which the tenant must pay or move out. This requirement is not found in the landlord and tenant statute but is, instead, found in Rule 1.090(e) of the Florida Rules of Civil Procedure. Accordingly, it is always advisable to have the notice hand delivered so as to avoid wasting yet another week of the tenant failing to pay his or her rent.

Following these guidelines should help you in writing legal eviction notice in Florida.

Tips & Warnings:

* This article is written based on the current status of Florida's landlord and tenant laws.

* 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 a landlord tenant attorney duly licensed in your state.

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