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One of the most common reasons a 3 Day Eviction
Notice is deemed defective by the Florida Courts is a result of the improper calculation of the
grace period provided by Florida Statute § 83.56(3). This provision 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) .
(landlord’s name, address and phone
number)."
The statute compels substantial compliance with
the statutory 3 Day Eviction Notice form. Because the form affords the three day grace period
for the tenant, the landlord must give this grace period to the tenant.
As stated above, the grace period does not include
Saturdays, Sundays, or legal holidays. The legal holidays in Florida are: “(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.” Florida Statute § 683.01.
LANDLORD RIGHTS TIP: If a landlord includes
a Saturday, Sunday or legal holiday, the 3 Day Eviction Notice will be deemed legally
insufficient. Additionally, the landlord must NOT include the day the notice is given.
For example, if the landlord gives the tenant the notice of eviction on Firday, the first day
included in the grace period calculation would be Monday.
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