How To Draft a 3 Day Notice To Evict a Tenant in Florida

Under Florida law, landlords may evict non-paying tenants fairly quickly. But prior to commencing an eviction action to regain possession of the premises, a Landlord must deliver a “Three (3) Day Notice to Pay Rent or Vacate.” A Landlord’s ability to evict a tenant in the event of non-payment of rent is a straightforward procedure. Chapter 83 of the Florida statutes allows such a non-paying tenant three days to either pay the rent or leave the property after the landlord delivers the 3 day eviction notice to pay rent or vacate. This article highlights the ins and outs of 3 day notices to pay rent or vacate under Florida Statute § 83.56(3).

What Information Should the Three-Day Eviction Notice Contain?

When the Landlord issues the three-day notice to pay rent or vacate to the tenant, the notice must be in writing, must be delivered by certified mail, hand-delivery, or in the manner specified in the tenant’s lease, and must include the following information.

  • The date when the 3 day notice to pay or vacate was issued.
  • A warning that the landlord will pursue a legal action for possession of the premises if the tenant doesn’t pay the rent or leave the property.
  • A statement clarifying the way the tenant eviction notice was delivered to the tenant, otherwise known as the “proof of service” portion of the 3 day notice. The three day notice to pay rent or vacate can be given by mailing or presenting the copy of the notice at the property.

If you are confused about how to evict a non-paying tenant in Florida, give an attorney at EVICT FL a call today for a free consultation.

Options the Landlord Has to Serve The 3 Day Eviction Notice to Pay or

As a landlord, you have three options for serving the tenant’s eviction notice to pay rent or deliver possession. They are:

  • A landlord has the choice of personally handing the eviction notice to the tenant at the rental property.
  • A landlord may furnish the notice by certified USPS mail, or in the manner provided for in the lease
  • A landlord may post the notice at a “conspicuous place” on the property. For this manner of service, posting a copy of the notice on the door of the property qualifies as a conspicuous place.

After the Landlord posts the three day notice to pay rent or vacate, the Landlord’s next step depends on what actions the Tenant takes subsequent to receiving the notice.

  • If the tenant makes the full past-due rent payment within the three days (or the period specified in the notice), then the landlord may accept the full past due rent payment and cease any further legal action.
  • If the tenant doesn’t make the payment within the three (3) days and refuses to vacate, the landlord may now file a legal action for possession in the county court where the property is located.
  • If the Tenant makes a partial rent payment during the three day period, the Landlord may still proceed with an eviction action for possession and deposit the partial rent into the court registry, or, may post a new three day notice indicating the new amount due.

It is always better to consult an eviction lawyer before filing an eviction lawsuit to regain possession of your property. At Evict FL, our eviction lawyers have the knowledge and expertise to evict of your non-paying tenants quickly.

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