LANDLORD TENANT LAWYERS
All residential Landlord Tenant actions under landlord tenant law in Florida are governed by Florida Statutes Chapter §83. Landlord tenant law states that anytime a tenant is in default of the terms of the Lease, a written notice with seven days to cure the default is required from the Landlord. An exception is the failure to pay rent. When a tenant fails to pay rent, the landlord is required to send a Three Day Notice to the tenant. The tenant is then required to remit payment to the landlord within three days.
Florida landlord tenant statutes regarding the Three Day Notice however are extremely strict and require exact language, as well as exact dates. The three days can not include weekends or holidays and does not include the day it is posted. The notice must also be posted on the tenant’s door or served with a process server.
If the landlord under a landlord tenant lease accepts payment after the posting of the three day notice, even if partial payment, then the THREE DAY NOTICE become null and void and the landlord can not evict or start the eviction procedure. Rather, a revised three day notice is required and the mandatory three days waiting as well.
Once the eviction is filed, the tenant is then required to deposit in the court registry, the past due rent, and late fees. If the eviction does not state the correct amounts due, the tenant can file a motion to determine rents, and have the judge make a determination of what amounts need to be deposited.
At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines has been a practicing landlord/tenant law, real estate and litigation attorney for the past 17 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 J.Salcines@salcineslaw.com