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Serving a 3 Day Eviction Notice must be
accomplished by the landlord prior to filing an eviction lawsuit. A proper starting point for
the landlord in preparing a 3 Day Eviction Notice is to determine who the notice of eviction must
be addressed. Many times, a landlord, for one reason or another, will have involvement
primarily with one tenant, regardless of how many tenants are actually renting the premises.
However, the purpose of the 3 day eviction letter is to give proper due process notice to each of
the tenants holding a leasehold interest in the property. Essentially, that means that if a
tenant has signed the lease, or is otherwise defined as a tenant in the particular situation, that
person must be included in the 3 Day Eviction Notice.
LANDLORD RIGHTS TIP: If a husband and wife
each hold a leasehold interest in the property, a 3 Day Eviction Notice that only demands payment
from the husband is legally defective. Bailey v. Smith, 103 So. 833 (Fla. 1925).
If the landlord tenant relationship is not
memoralized by a written lease (i.e., they have an oral lease), the landlord should err on the side
of caution and name each of the tenants in the 3 Day Eviction Notice.
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