Florida Eviction of Residential Tenants -
Lee County Real Estate
How do I evict a tenant for
non-payment of rent?
If a tenant fails to pay rent
when due Florida law provides that a landlord or its agent may serve a three
day notice cure on the tenant. (Florida
Statute 83.56) The following is the statutory notice 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) .
(landlord's name, address and phone number)
The notice may be served by mailing,
hand delivery or posting if the tenant is absent from the premises. When calculating expiration of the three days
do not include Saturdays, Sunday or legal holidays and if mailing the notice,
you must add five (5) days to the deadline.
Where landlord elected to mail
notice of overdue rent, Civil Rule 1.090(e), which provides that when party to
civil action conducts service by mail an additional five days must be added to
period of time designated for response or compliance, extended three-day period
during which tenant, pursuant to West's F.S.A. § 83.56(3), was required to respond or face
eviction. Investment and Income Realty,
Inc. v. Bentley, App. 5 Dist., 480 So.2d 219 (1985).
If the tenant fails to cure as
demanded, the landlord may file suit for possession of the premises (F.S.
83.59), monetary damages (F.S. 83.625, if the tenant is served by personal
service or certified/registered mail if allowed by law) and attorneys fees (F.S.
83.48, even if the lease does not provide for it; applicable to residential
tenancies only)
Call Neilson Law, PA today for a free tenant eviction quote! (239) 443-3866
Call Neilson Law, PA today for a free tenant eviction quote! (239) 443-3866
