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Category: Real Estate Law
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I gave my tenant the three day notice on Oct. 11 with a due

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I gave my tenant the three day notice on Oct. 11 with a due date of the 16th not realizing Monday the 14th was a holiday. Can I terminate the lease or start eviction proceedings on the 18th thus allowing the full three days or due I have to redo the three day notice?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  lwpat replied 8 months ago.
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You do have to give another 3 day notice. Florida Statute §83.56(3) states, "f the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord of payment of the rent or possession of the premises, the landlord may terminate the rental agreement."

  • Taylor v. Joseph, 18 Fla. L. Weekly Supp. 902 (9th Jud. Cir. 2011); Three-day notice is fatally defective for giving zero days to pay or vacate.
  • Olivares v. Pugh, 18 Fla. L. Weekly Supp. 690 (9th Jud. Cir. 2011); Three-day notice is fatally defective for failing to include address where payment could be made.
  • Zambrano v. Bryant, 18 Fla. L. Weekly Supp. 622 (9th Jud. Cir. 2011); Three-day notice is fatally defective for giving less than three business days to pay or vacate.
  • Marrero v. Hooker, 18 Fla. L. Weekly Supp. 297 (9th Jud. Cir. 2010); Three-day notice is fatally defective for giving less than three business days to pay or vacate and for demanding payment on a Sunday.

In your case it would be defective where you have not given the proper three days.

 

The 3-day notice shall contain a statement in substantially the following form:

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).

If you do not serve a proper 3 day notice you could be required, under Florida Statute §83.48, to pay the tenant's attorneys' fees and costs as the prevailing party.


lwpat, Attorney
Category: Real Estate Law
Satisfied Customers: 25384
Experience: Practicing attorney with expertise in easements
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