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Most landlords, prior to preparing the 3 Day
Eviction Notice, realize that it is a good idea to review the residential lease to determine the
amount of rent that should be included in the notice of eviction. This is a very important
step for the landlord to complete because a 3 Day Eviction Notice that demands an incorrect amount
of rent makes the notice of eviction defective. Kaplan v. McCabe, 532 So. 2d 1354 (Fla. 5th
DCA 1988).
LANDLORD RIGHTS TIP: If the landlord is owed
the current month’s rent and next month’s rent will become due in the near future, it is improper
for the landlord to demand next month’s rent in the 3 Day Eviction Notice. Instead, the
landlord should either not include next month’s rent, or wait until next month to service the
notice of eviction.
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