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FLORIDA LANDLORD TENANT LAW - DEFECTIVE THREE DAY NOTICE

EXPERIENCED LANDLORD/TENANT ATTORNEY

JACQUELINE A. SALCINES, ESQ.

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All residential Landlord Tenant actions in Florida are governed by Florida Statutes Chapter §83. When a tenant stops paying the rent, the landlord is required to serve a proper Three Day Notice on the tenant. Service means it is to be posted on the door or hand delivered with proof of same. (A picture of the posted notice on the door is acceptable by Judges). The language and time frames of the three day notice are very strict however under Fla. Statutes §83.56. The residential eviction "Three Day Notice" must specifically set forth the rent due and for what periods, must contain the address of the property, must calculate the exact days when the rent is due (excluding Saturday, Sundays and Legal Holidays) and can not include any additional fees not permitted in the residential lease (i.e. late fees).

For residential landlord tenant eviction actions, the Three Day Notice is a requirement prior to the filing of the eviction suit. However, many landlords do not contract the services of an attorney and instead prepare it themselves. Then when the tenant fails to answer and they file the lawsuit, the very first thing the tenant's attorney pokes holes in is the Defective Three Day Notice. Whether the days were calculated incorrectly or the address was missing, or amounts miscalculated, often a residential landlord tenant eviction action will be dismissed by the Judge because of the defective three day notice.

Due to the complexity of Florida Statutes and how very costly a defective three day notice can be for the landlord, it is best to hire an attorney to handle an eviction for you.

At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines has been a practicing real estate and litigation attorney for the past 16 years. She is well versed in Landlord Tenant law and has given many pro-bono lectures and seminars on the topic, including for legal aid. Allow us to protect your interests, whether you are a landlord or a tenant. The first consultation is always free of charge.

Call us today 305 669 5280

Visit us today at WWW.Salcineslaw.com or

Email attorney Jacqueline Salcines directly at [email protected]

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