Florida 3-Day Notices Prior to Eviction

Statutory Requirement Prior to Eviction

Florida Statute 83.56(3) governs what happens when a tenant doesn't pay rent and the landlord wants to terminate the lease. The only exception to this will be when the lease between the parties provides for a greater notice time than that required by the statute. The lease cannot provide a time frame that is less than that provided by the statute or attempt to waive the 3 day notice requirement. Typically a lease will follow the statute and not increase the notice time required. Once the due date for the rent has come and gone a landlord can then issue a three day notice for the tenant to pay rent or give possession back to the landlord. The calculation of the three days is where most landlords run into problems. The three days CANNOT include the day that the notice is served or any weekends or legal holidays.

The statutory language for the notice is:

You are hereby notified that you are indebted to me in the sum of $_____ dollars for the rent and use of the premises (address of leased premises, including county) , Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the_____day of_____,_____(year).
(landlord’s name, address and phone number)

After the 3-Day Notice

After the time period in the 3 day notice has expired one of four things will have typically happened:

• Tenant will have paid all the outstanding rent. Great!
• Tenant will have paid part of the outstanding rent.
  
  This previously posed a significant problem to landlords. However the legislature recently amended the law to instruct landlords what to do in this situation. If a tenant has paid partial rent the landlord must comply with Florida Statute 83.56(5)(a) and:
  
  

  1. Provide the tenant with a receipt stating the date and amount received and the agreed upon date and balance of rent due before filing an action for possession; OR
  2. Place the amount of partial rent accepted from the tenant in the registry of the court upon filing the action for possession; OR
  3. Post a new 3-day notice reflecting the new amount due.

• Tenant will have moved out and surrendered the property to you.
• Tenant will have not paid and will remain in possession of the property.
  
  In this case the landlord must file an eviction. The landlord cannot attempt any self help eviction techniques and doing so could prove to be very costly.



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