What is the first step if your residential tenant has stopped paying the rent?
First and foremost, we always recommend reaching out to our office of trained legal professionals. We handle evictions of all kinds from start to finish. However, if you want to get started with the eviction process on your own, here are some tips from a licensed Florida attorney specializing in real estate law.
The first thing to do if your tenant fails to pay rent by the due date is to serve them with a Three (3) Day Notice (hereinafter “Notice”). A statutorily compliant Notice should state the following:
1. The tenant(s) name;
2. The full property address;
3. The amount of rent owed;
4. The time the tenant has to pay the rental arrears (i.e., the expiration of the three day notice)
5. The name, address, and phone number of the landlord;
6. Signature of the individual posting the notice with their name, the date, the time, and method of delivery (i.e. hand delivery or posting)
Residential eviction notices should be posted on the door of the property or delivered by hand. Residential Notices should never include any extra fees such as late fees, electricity, or water. Residential Notices can only include past due rent. You can find the specific laws on three day notices under section 83.56 of the Florida Statutes.
How do you calculate the expiration date of a three (3) day notice?
A valid notice must give the tenant three working days, excluding Saturdays, Sundays, public and statutory holidays, in which to pay the rent in full or vacate the premises. The date of posting never counts in this calculation. So typically, if the notice is posted on Monday, February 22, 2021, it will expire on Thursday, February 25, 2021. There are no holidays during this time, but whenever you post a three (3) day notice, it is important to check local and statutory holidays in your area. The following links include common statutory and local holidays for the state of Florida and Miami-Dade, Broward, and Palm Beach County:
· https://www.jud11.flcourts.org/About-the-Court/Court-Holidays-Closings
· https://www.browardclerk.org/AboutUs/HoursAndLocations#CourthouseHolidays
· https://www.mypalmbeachclerk.com/resources/contact-us/holiday-calendar
These dates change each year and are different per county, so please check for any updated dates for your area when calculating the expiration.
What if the landlord is a business with a business address?
As mentioned before, the landlord’s address is required on the Notice. However, if the address of the landlord is a business address in the same county as the tenant then you must extend the expiration of the notice one additional business day. So typically, if the notice is posted on Monday, February 22, 2021, it will expire on Thursday, March 4, 2021. The rationale for this is that businesses typically close at 6:00 p.m. and it would be unfair to give the tenant less than the full three days due to business hours. If the landlord is a business with a residential address then this doesn’t apply.
What if the landlord’s address is in another county or is a P.O. box?
If the landlord’s address, business or not, is in another county or if they are using a P.O. Box, you must add an additional five (5) business days to the expiration of the three (3) day notice. The rationale here is that if the tenant must mail the rent they must have additional time for mailing. Whether or not the rent is mailed though, if the address is in a different county or a P.O. Box, this rule must be adhered to.
What if my tenant still hasn’t paid or vacated my property after the Three (3) Day Notice expires?
At that point, your only remedy is to file an eviction in a court of competent jurisdiction to try and get your property and/or your money back. This can be explained in detail during a free consultation at our office.
If you feel like you still need help with the notice, would like us to post it for you, or are ready to get started with an eviction, please feel free to contact us at 305-305-1514.