Monday, March 12, 2012

Florida Eviction of Residential Tenants - Lee County Real Estate: How do I evict a tenant for non-payment of rent?


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 


2 comments:

  1. Does the mailing of the 3 day notice has to be certified/registered mail or can it be regular first class mail? Pls advise, thanks.

    Li

    ReplyDelete
  2. The notice may be sent by regular mail. Do not forget to add five (5) days to cure for serving by mail. See below.

    Notice
    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). Time Key Number Symbol​ 8.5

    ReplyDelete