How To Evict A Tenant (Part 2) - 3 Day Eviction Notice

This is Part Two of the How To Evict A Tenant In Florida series. 

Residential tenancies are governed by Part II, of Chapter 83 of the Florida Statutes, commonly referred to as the "Uniform Residential Landlord and Tenant Act.”

In the residential setting, Florida law expressly defines certain key words and phases as follows:

* “Landlord” is defined as the owner or lessor of a dwelling unit;
* “Tenant” means any person entitled to occupy a dwelling unit under a rental agreement;
* “Dwelling unit” means a structure or part of a structure that is rented for use as a home, residence, or sleeping place by one person or by two or more persons who maintain a common household;
* “Rental agreement” is any written agreement, or oral agreement if for less duration than one year, providing for use and occupancy of premises;
* “Premises” is defined as a dwelling unit and the structure of which it is a part, and the property held out for the use of the tenants generally; and
* “Rent” means 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 designed as rent in a written rental agreement.

It is advisable to keep these definitions in mind as you read the balance of these articles on How To Evict A Tenant in Florida.

Florida 3 Day Eviction Notice

The law governing the Florida eviction process as a result of a tenant’s failure to pay the rent is an evolving creature. However, despite the fact that it is continually adapting to new factual situations and clever arguments of eviction attorneys, this eviction process has always started with the same first step -- a formal demand by the landlord upon the tenant to pay the past due rent or to surrender possession of the premises back to the landlord. This formal demand now takes the form of the 3 day eviction notice, also sometimes referred to as a 3 day notice, an eviction letter, a notice to quit, a notice to vacate, and an eviction notice. Despite the terminology used to describe these various eviction notice forms, one thing remains constant: the Florida 3 day eviction notice is a condition precedent to the filing and maintenance of an eviction against. Simply put, a Florida landlord cannot sue a tenant for eviction even if it is undisputed that the tenant owes past due rent until and unless a legally sufficient notice of eviction is prepared and served upon the defaulting tenant.

As a threshold matter, the Florida 3 day eviction notice must be in written form. This requirement is logical in that the purpose of the 3-day notice is to satisfy procedural due process and give the tenant a legitimate opportunity to pay the past due rent or vacate the premises.

Florida Statute § 83.56(3) provides an brief explanation as when a three-day notice is appropriate. Specifically, that provision states that “[i]f 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.” This statutory provision further provides a very specific eviction notice template that a landlord should use. This sample eviction notice is statutorily mandated and, as a result, must be substantially complied with lest it be deemed legally insufficient.

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 the 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]

As set forth in the eviction notice form above, the notice of eviction must also precisely state the amount of past due rent that the landlord is claiming is due from the tenant. This 3 day notice to pay or quit also mandates that the landlord provide the defaulting tenant with the option of paying the rent due and payable or moving out and surrendering possession of the dwelling unit. If the landlord fails to give the tenant both of these options, the notice of eviction will be deemed insufficient and any eviction lawsuit filed thereon will be dismissed as a matter of law for failing to state a cause of action upon which relief can be granted.

LEGAL DISCLAIMER: This article is written based on the current status of Florida’s landlord 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 who is more likely to know the ins and outs of the Florida eviction process.

Additional Articles In This Series Can Be Found As Follows:

How To Evict A Tenant in Florida (Part 1) can be reached by clicking this link: An Overview of Landlord Tenant Law;

How To Evict A Tenant in Florida (Part 2): 3 Day Eviction Notice;

How To Evict A Tenant in Florida (Part 3): Tenant's Rights And The 3 Day Eviction Notice;

How To Evict A Tenant in Florida (Part 4): Tenant Service of the 3 Day Eviction Notice; and

How To Evict A Tenant in Florida (Part 5): The Eviction Complaint.