As part of a well rounded foundation of financial knowledge, it is extremely important to keep informed about a wide range of topics and subject matters. When it comes to growing, and preserving, wealth, owning income producing real estate is always a popular subject. While it is certainly true that most experts tout the benefits of becoming a landlord, many simply gloss over many of the common issues that can arise. This article will briefly discuss what I have learned about the 3 day eviction notice.

In its most basic form, the landlord-tenant relationship is complex at best. The tenant wants a nice place to live while the landlord wants a quite tenant that continually pays his or her rent on time each and every month. When this process breaks down, however, things can often escalate out of control rather quickly. In order to actually evict someone, the owner must properly serve the tenant with a three day eviction notice that demands that the tenant either pay the rent that is owned or return possession of the property.

What is a 3 Day Eviction Notice

As each state has its own regulatory statues, the rest of this article will focus primarily on the statutes enacted in Florida. Florida Statute 83.56(3) documents an eviction form that was drafted by its legislation.

In order to evict a tenant, the owner must substantially comply with this piece of regulation. From what I understand, here are the major things you should be aware of when serving a notice to quit in Florida. As a reminder, this list may not be complete so you should always consult with a legal professional before serving any legal notices including a three day notice.

  • Notice Must Be in Writing – In order to be successfully defended, a 3 day eviction notice in Florida must be in writing. Oral demands are simply not sufficient.
  • Notice Must Document Rent Owed – Another crucial element that many people often mess up is the fact that the notice to quit must demand the exact amount of rent that is currently due and not one penny more. The owner is not allowed to include late fees, interest penalties, or legal costs incurred. Of course, the tenant is allowed to add these secondary items to the overall eviction complaint.
  • Specific Language – When serving an eviction notice in Florida, the tenant must specifically demand that the tenant pay the outstanding rent or return possession of the property to the landlord. Furthermore, the notice needs to specifically document the date that these items need to be accomplished. Without the required grace period the eviction notice may be deemed invalid.
  • Add Additional Days to the Grace Period if Served via Mail – If the tenant elects to mail the notice to their tenant, they must add an additional five days to the grace period. As such, it is generally a good idea to personally deliver the notice to the tenant.
  • Do Not Count Saturdays, Sundays, or Other Legal Holidays – As you may have guessed from reading the rest of this article, the grace period set forth in the notice is a crucial element. When calculated the required time frame, do not count any Saturdays, Sundays, or legal holidays. To ensure that you do not mistakenly count a legal holiday, refer to Florida statue 683.01.

What Does a Three Day Eviction Notice Look Like

While there are a number of forms available, many Florida landlords use a form similar to the one below. Again, let me remind you that as laws and regulations change on a seemingly daily basis, you should always check with an eviction lawyer that is in good standing with the state.

Date: [Insert 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 Amount of Rent and Additional Rent Overdue] for the rent and use of the premises located at___________________________ [Insert Address of Rental Property], _____________________ [Insert City of Rental Property], ________________________ [Insert County of Rental Property], now occupied by you. That rent was due on _______________ [Insert Day 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 Date Calculated In Accordance With 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 Name of Landlord or Property Manager]
[Insert Address of Landlord or Property Manager]
[Insert Telephone Number of Landlord or Property Manager]

Legal Disclaimer – The author of this article is not a lawyer. This information has been gathered from around the internet and is not intended to be legal advice or even a personal recommendation. A properly served 3 day eviction notice should always start by contacting a lawyer that is properly licensed in the state in which the notice will be served.