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After reviewing the residential lease to determine
what sums are due from the tenant so as to include such sums in the 3 Day Eviction Notice, the
landlord usually wants to include every penny that they can. However, because only “rent” can
be properly demanded in the notice of eviction, the landlord must understand what is defined as
“rent” under Florida law. Specifically, Florida Statute § 83.43(6) defines “rent” as “the
periodic payments due the landlord from the tenant for occupancy under a rental agreement and any
other payments due the landlord from the tenant as may be designated as rent in a written rental
agreement.”
As a result, unless specifically defined as “rent”
or “additional rent” in the lease, the landlord may not include such other charges in the 3 Day
Eviction Notice to be served on the tenant.
LANDLORD RIGHTS TIP: The most common
improper inclusion of “non-rent” in a 3 Day Eviction Notice is a demand for late fees. While it is
true that most residential leases include provisions entitling the landlord to late fees in the
event the tenant fails to timely pay the rent, these late fees are not usually specifically defined
as “rent” or “additional rent” in the lease. Accordingly, the landlord must carefully review
his or her lease to determine whether late fees are properly chargeable in the notice of
eviction.
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