Free eviction notice forms are all over the internet today. This is both good and bad. It is good because anytime a free eviction form is available for anyone to use, it can somewhat level the playing field for landlords who do not have the money to hire an eviction attorney. Unfortunately, it is bad for almost the same reason -- the landlord does not want (or cannot afford) to hire an eviction lawyer. Generally speaking, anytime one can save money by preparing a document for themselves, that person will probably want to do so. Unfortunately, drafting and serving eviction notice forms is not a great place to start a legal education. That is primary due to the fact that eviction laws in Florida are highly complex and extremely technical. Worse still is the fact that even the slightest defect in the preparation or service of the 3 day eviction notice will result in the eviction notice being deemed defective and any subsequent eviction based upon that notice being dismissed for failing to state a cause of action upon which relief can be granted.

Accordingly, it is absolutely crucial that a Florida landlord locate and use only legally sufficient free eviction notice forms. Fortunately, the Florida legislature has recognized this problem and prescribed a statutory 3 day eviction notice that landlords and their agents must substantially comply with when serving upon their tenants for non-payment of their rental obligations. When possible, the landlord should use the following form:

Date: [Insert the Date Notice Is Prepared - preferably it is also the date the eviction notice will be served on the tenant]
To: [Insert the Name of the Tenant - this needs to be the name of the tenant as it appears in the residential lease agreement]

You are notified that you are indebted to me in the sum of $________________ [Insert the Amount of Rent and the Additional Rent Overdue] for the rent and use of the premises located at___________________________ [Insert the Address of Rental Property], _____________________ [Insert the City of the Rental Property], ________________________ [Insert the County of the Rental Property], now occupied by you. That rent was due on _______________ [Insert the Day the Rent Was Due] and I demand payment of the rent or possession of the premises within three days (excluding Saturdays, Sundays, and legal holidays) from the date of delivery of this notice, specifically, on or before ___________________ [Insert the Date Calculated In Accordance With the Applicable Florida Statute].

CERTIFICATE OF SERVICE

I certify that a copy of this notice has been furnished to the above named tenant on ________________ [Insert Date of Service of Process], at ______________a.m. / p.m., by:

1. ( ) Delivery
2. ( ) Posting in a conspicuous place on the premises.

_________________________________________________
[Insert the Name of the Landlord or the Property Manager]
[Insert the Address of the Landlord or the Property Manager]
[Insert the Telephone Number of the Landlord or the Property Manager]

With that said, even though these types of free eviction notice forms are very easy to use by simply filling in a few blank spaces, technicalities abound and, as a result, the landlord must use extreme caution to make sure they do it correctly lest they be prevented from evicting their tenant, even if the tenants admit that they have failed to pay the rent!

Because the notice to quit is a statutory precondition to bringing an eviction action, the landlord needs to make sure he or she does it correctly.

First, Florida law mandates that the 3 day notice must be in writing and exactly set forth the amount of the rent that is due and owing to the landlord. Oral demands are not sufficient.

Additionally, the applicable eviction laws require that the landlord set forth the exact amount of rent due from the tenant without adding any additional charges. In fact, unless these additional charges (such as interest, late fees and attorney's fees) are expressly defined in a written residential lease agreement, they cannot be added to the amounts demanded in the 3 day eviction notice. However, if the written lease provides that those charges are recoverable by the landlord in the event the landlord is compelled to evict the tenant, the landlord can seek them from the tenant when the eviction action is filed.

A third requirement that a landlord must comply with is that the landlord must give the option of paying the past due rent or moving out. While this does not mean that the tenant is permitted to move out with any financial responsibility for the past due sums owed, the eviction letter must give them that option. Of course, if the tenant elects to move out instead of paying the rent, the landlord can choose to sue the tenant later for the past due amounts. However, due to the economics involved in spending good money after bad, most landlords elect not chase their tenants once they have moved out.

If the landlord's eviction notice does not give the tenant the option to pay the past due rent or to move out, the notice of eviction will be deemed legally insufficient.

Finally, in the Florida 3 day eviction notice the landlord must tell tenant what the exact date of compliance is. This date, also known as the tenant's three day grace period, is the absolute deadline upon which the tenant must pay the outstanding rent or move out of the rental property. In calculating this deadline, Saturdays, Sundays and legal holidays are not to be included in the calculation. Also, if the landlord chooses to mail the eviction notice to the tenant, five additional days must be added to the calculation period.

LEGAL DISCLAIMER: This article is written based on the current status of Florida’s landlord and tenant laws. However, this article is for general knowledge only and is not intended, in any way whatever, to constitute legal advice. Prior to following any recommendations listed in this article, please consult an attorney duly licensed in your state, preferably an eviction attorney that experienced in the ins and outs of landlord and tenant laws and the 3 Day Eviction Notice.