3 Day Eviction Notice

 

Shirvani v. Williford, 4 Fla. L. Weekly Supp. 609c (Alachua Co. 1996)

Where the Landlord serves a defective 3 day eviction notice upon a tenant residing in Alachua County, Florida, the Landlord's eviction complaint will be dismissed.

Parviz Shirvani, Plaintiff, v. Valerie Williford, Defendant. County Court, 8th Judicial Circuit In And For Alachua County, Florida. Civil Division. Case No. 96-4445-LT, Division IV. Order entered on December 3, 1996 by Judge Jeanne Dawes Crenshaw.

Cite as: Shirvani v. Williford, 4 Fla. L. Weekly Supp. 609c (Alachua Co. 1996).

In this eviction lawsuit, the Plaintiff, Parviz Shirvani (the "Landlord"), filed suit against the Defendant, Valerie Williford (the "Tenant") for eviction for non-payment of rent. The Defendant moved to dismiss the eviction Complaint as a result of the Landlord's failure to serve her with a valid and enforceable eviction notice.

Interestingly, upon receiving the Tenant's motion to dismiss, the Landlord realized that the 3 day notice was defective and attempted to reserve a three-day eviction notice which cured the obvious defects. [The Court does not specify what the problems were with the notice of eviction.]

The Court ruled that because the Court was without jurisdiction ab initio (i.e., from the beginning) as a result of the defective three-day notice, "jurisdiction cannot be conferred by amending only the three (3) day notice without reserving Defendant with the complaint on which the notice is based."

As a result the Court dismissed the eviction Complaint without prejudice to the Plaintiff to reserve a Complaint for eviction based on a proper three day eviction notice.

NOTE: It is interesting that the Court dismissed the case without prejudice, meaning that the Landlord need only file an Amended Complaint predicated on the new 3-day notice and need not file a new lawsuit in its entirety (i.e., with a new filing fee, case number, etc.). This case, in all likelihood, would not be followed today and the Court would dismiss the eviction proceedings with prejudice.