If a Renter Does Not Pay Rent Give a 3 Day Notice
Then a property owner / manager can evict the tenant from the rental. A renter will have 3 days after getting the eviction notice to either pay the rent or leave the home. This article discusses ways to force out a tenant in Florida for nonpayment of rent according to the Florida state landlord-tenant statutes.
Lease Due Dates in Florida
Lease is normally due on the first day of each month, including weekends and holidays, unless a various date is defined in the lease or rental agreement. Some landlords may agree in the lease or rental contract that lease will be due on the next company day if the due date falls on a weekend or holiday.
Timing of Eviction Notices for Failure to Pay Rent in Florida
If an occupant fails to pay rent on time, then the property manager can provide the occupant a three-day notice for failure to pay lease, or a notice similarly called. The tenant then has three days to pay the rent or leave the rental home. The 3 days begins on the date the notification is provided to the tenant. Weekends and legal holidays are not consisted of in this three-day amount of time (see Fla. Stat. Ann. § 83-56(3) ). This means that if rent is due on a Thursday and the landlord offers the occupant the three-day notice for failure to pay lease the next day(Friday), then the renter would have until the following Wednesday to either pay lease or move out of the rental.
Info Consisted of in Florida Three Day Notice
In Florida, the three-day notification for failure to pay rent needs to be written and consist of the following statement: “You are hereby notified that you are indebted to me in the amount of ___ dollars for the rent and use of the premises (address of rented properties, consisting of county), Florida, now inhabited by you which I require payment of the rent or property of the properties within 3 days (leaving out Saturday, Sunday, and legal holidays) from the date of shipment of this notification, to wit: on or prior to the __ day of ___, (year). (landlord’s name, address and phone number).”
This statement comes straight from the Florida state law governing three-day notices to force out renters and have to be included in the eviction notification provided to the tenant (see Fla. Stat. Ann. § 83-56 (3) ). It is best for the three-day notice to include the following details as well: Date the notification was served on the renter(s). A demand that the property manager may pursue legal action (an expulsion lawsuit) if the tenant does pay the lease or move, and. A declaration specifying how the notification was offered to the occupant, either by in fact giving the notification to the renter or mailing the notification. A sample three-day notification for failure to pay rent can be discovered at the Florida State Bar site.
Serving Three-Day Notices in Florida
The landlord has three options for serving the three-day notice under Fla. Stat. Ann. § 83-56(4): The property manager, or a representative of the property owner, can personally give the notice to the renter at the rental building. The property owner can mail a copy of the three-day notification by routine mail, signed up mail, or qualified mail. If the proprietor mails the notification, then it is best for the property manager needs to ask for a return invoice. If the property owner is unable to give the notice directly to the occupant, the landlord can leave the three-day notice at the rental unit in a conspicuous location, such as taped to the front door of the rental. If the proprietor does not serve the notification effectively, then the landlord must produce a brand-new notice and start the process over. The three-day notice will not be in effect until the property owner correctly serves the occupant in among the 3 methods listed above. Tenant Options When Served With a Three-Day Notification in Florida.
What occurs next depends upon the renter’s reaction to the three-day notification:
If the renter pays the rent within the three-day amount of time, then the property owner can not proceed with the eviction. If the renter fails to pay lease in the future, the landlord has to restart the whole eviction procedure. If the occupant does not pay the lease, but vacates within three days, the landlord might utilize the tenant’s down payment (if any) to cover the overdue rent. If the security deposit does not cover all the rent due and owing, consisting of late charges, then the landlord can take legal action against the tenant for the rent still owed. Fla. Stat. Ann. § 83-49 offers comprehensive guideline on how the property owner have to use the security deposit and the best ways to properly alert the tenant of its use. If the occupant does not pay the complete lease within the three-day period and does not move out of the building, then the proprietor can proceed to submit a summons and problem with the county court to gain possession of the home (see Fla. Stat. Ann. § 83-59). Eviction Claims in Florida Court. The proprietor has to effectively win the expulsion case in the court before an officer of the law can lawfully seize the property. It is crucial that property managers do not engage in “self-help” practices (such as changing the locks or turning off the utilities) and that they follow the treatments for filing the expulsion problem. For sample problem forms for eviction and recovery of rent in Florida, see the Florida State Bar website, forms 5, 5a, and 7.