Understanding Eviction Laws in the State of Florida

Eviction is an unfortunate but sometimes necessary legal action, especially when a tenant fails to pay rent in a timely manner. Each state enforces its own specific eviction laws, and Florida in particular uses a three day rule to resolve issues of nonpayment. Here is everything you should know about that law!

Timing

Rent is most commonly due on the first of every month, even if the first falls on a weekend or holiday. Landlords can arrange different due dates in lease agreements, but the first of the month applies for most rental tenants throughout Florida. If a tenant does not pay rent on the first, the landlord has the legal right to serve that tenant with a three day notice as soon as the rent becomes overdue on the second day of the month. The three day notice states that the tenant has three full business days to pay rent, or else eviction will go into effect. Holidays and weekends are not included in a three day notice. This means that if a three day notice is served on Friday, the tenant technically has until the next Wednesday to either pay rent or move out.

Writing a Three Day Notice

A landlord must follow specific state regulations when crafting a three day notice. The following text is required:

“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).”

It is also suggested to include information like the day the notice is served, an ultimatum of a lawsuit if the tenant ignores the notice, and a statement specifying the exact manner in which the landlord delivered the tenant’s notice.

Serving a Three Day Notice

Though it is legally acceptable for a landlord to personally deliver a three day notice to a tenant, send it by mail, or tape it to the front door, it is recommended that a landlord utilize a professional process server for this job. A process server, like the experts at Accurate Serve of Daytona Beach, will ensure that the three day notice is properly received. Call (386) 569-8475 to learn more about the service of process available from Accurate Serve.