3 Day Eviction Notice

 

Pons v. Jackson, 4 Fla. L. Weekly Supp. 863a (Alachua Co. 1997)

The 3-day eviction notice must be in substantial compliance with the requirements of Florida Statute § 83.56(3), failing which it will be deemed fatally defective. Where a Landlord serves a Tenant with a “Three Day Delinquent Tenant” notice, the Landlord fails to substantially comply and, as a result, the eviction case must be dismissed.

Benjamin F. Pons, Plaintiff, v. Paula Jackson, Defendant. County Court, 8th Judicial Circuit In And For Alachua County, Florida. Civil Division. Case No. 97-681-LT, Division V. Order entered on June 26, 1997 by Judge Aymer L. "Buck" Curtin.

Cite as: Pons v. Jackson, 4 Fla. L. Weekly Supp. 863a (Alachua Co. 1997). 

In this eviction proceeding, the Plaintiff, Benjamin F. Pons (the "Landlord"), sought eviction against the Defendant, Paula Jackson (the "Tenant"), as a result of the Tenant's failure to timely pay the rent due under the Residential Lease Agreement.  In response, the Tenant filed a Motion To Dismiss the Complaint alleging  that the 3 day eviction notice failed to substantially comply with the eviction form described in Florida Statute § 83.56.

The Court agreed with the Tenant and ruled that the Landlord's eviction notice was defective as a matter of law.

Specifically, the Landlord's notice of eviction was entitled "Three Day Delinquent Tenant" notice and, because that is not what the eviction notice is properly entitled, it was not in substantial compliance with the eviction statute.  The Court ruled that the Landlord did not have a valid cause of action because a legally sufficient 3 day eviction notice was not in existence at the time the Complaint was filed.

As a result, the Court dismissed the case without prejudice ruling that the Landlord must file a new 3-day eviction notice in a new eviction case.

NOTE:  While the Court rules that the dismissal is without prejudice (which is not proper), the ruling is a correct one.  That is because the Court would not permit the Landlord to file an amended complaint based on a new three-day eviction notice but, instead, required the new notice of eviction to be filed in an entirely new eviction lawsuit.