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I was just served a 3 day notice and wonder is this legal.

I was just served...

I was just served a 3 day notice and wonder is this legal

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

Florida and my landlord may have.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

I'm at work and my girlfriend called and told me

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that I've been late before and he usually

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Answered in 1 minute by:
3/8/2018
RobertJDFL
RobertJDFL, Attorney
Category: Landlord-Tenant
Satisfied Customers: 15,308
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. It looks like the rest of your question got cut off. Why do you believe the notice may not be legal?

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Customer reply replied 5 months ago
He usually gives me until the middle of the month to pay with a $50 dollar late fee. No warning was given

Do you have a written lease agreement? What does it say in terms of when rent is due?

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Customer reply replied 5 months ago
I'm sorry, I can't afford the $59 charge to talk. But it's in the lease.

You can ignore the phone call offers, sorry. Those are sent by the website, not me. Happy to continue chatting in this format.

If the lease says payment is due by a certain date, that is what controls. So, if the rent isn't paid by that date, the landlord can serve you with a 3 day notice to pay or quit. But that isn't an eviction notice. It means you must come up with the rent (and any late charge) within 3 days, or vacate. If you don't pay, then the next step from the landlord would be to sue to evict you from the property.

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Customer reply replied 5 months ago
Ok, so its that I have 3 days to pay? To be honest I won't have the rent until the 15th of this month. So how long will I have until I'm legally evicted?

Right, it's a 3 day notice to either pay or "quit" (vacate) the premises. From the time the case is filed and served, it's usually at least a few weeks. What happens is the lawsuit gets filed, and then you have 5 days to file an answer if you dispute the landlord's claims. However, Florida law also says that if you intend to dispute the matter, you have to deposit the full amount of rent in question with the Clerk of Court. Since this is an issue of non-payment of rent, what tends to happen is that tenants never file an answer, and then the landlord has to go back to court and get a court judgment of default and an Order of Eviction. The eviction notice must be delivered by the sheriff's office, and then you have 24 hours from that time to leave.

Have you tried talking to your landlord about this? It will cost them a lot of money in filing fees and potentially attorney fees to file for an eviction, and if you will have the rent a few days later anyway, perhaps that will be acceptable to them?

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Customer reply replied 5 months ago
I called him and I haven't heard back from him as of yet. If I don't here from him I should contact the clerk of courts or wait for the eviction

The Clerk of Court couldn't do anything for you without a pending case. You'd just need to wait and see if he will file for eviction or something can be worked out.

RobertJDFL
RobertJDFL, Attorney
Category: Landlord-Tenant
Satisfied Customers: 15,308
Experience: Experienced in multiple areas of the law.
Verified
RobertJDFL and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 5 months ago
Thanks for the info. You've helped a lot.

You're certainly welcome!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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