The importance of the Florida 3 Day Notice to Pay Rent or Vacate

A Landlord must give the Tenant a Florida 3 Day Notice prior to filing an Eviction.   If the Landlord fails to provide the Notice, the Eviction will likely be dismissed by the Court. In addition, the Lanldord may be responsible for a Tenant’s Attorney’s Fees. Therefore, if you have questions about the Importance of the Florida 3 Day Notice to Pay Rent or Vacate, contact the Law Office of Brian P. Kowal, PA today.

The Requirements of a 3 Day Notice

As previously stated, to Evict a Tenant for Non-Payment of Rent, they must be served with a 3 Day Notice.  Pursuant to Florida Statute 83.56(3) the Notice must include the following:

  1. Notice that the Tenant owes a specific sum of money to the Landlord for use of the property (actual property address must be stated). 
  2. Payment must be received within 3 days not including weekends or legal holidays.
  3. The date that payment is actually due
  4. Landlord’s information including their name, address, and phone number.

Can a 3 Day Notice include Late Fees?

A  3 Day Notice cannot include late fees.  However, if the lease states they are considered additional rent, then they can be included.

How can a Landlord protect themselves against a Tenant that claims they were never served?

The Law Office of Brian P. Kowal recommends that the Landlord use a Florida Certified Process Server to serve the Notice.  After the Process Server serves the Notice, they provide a Return of Service to the Landlord.

If you have questions about the Florida 3 Day Notice to Pay Rent or Vacate, contact the Law Office of Brian P. Kowal, PA today at (954) 990-7552.