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Eviction in Florida for the Nonpayment of Rent

Eviction in Florida for the Nonpayment of Rent

If a tenant fails to pay rent in the state Florida, then you (as the landlord) has the right to evict the tenant from the rental unit. At this point, the tenant has a period of three days after receiving the notice to leave the property or pay the amount due.

If you have a tenant that fails to pay after you have issued an eviction notice, then you may need to consult an eviction lawyer. It is also wise to get to know the process of how to evict a tenant due to the nonpayment of rent.

Rent Due Dates

Usually, rent is required to be paid on the first day of each month, which includes holidays and weekends, unless a different date has been specified in the rental agreement or lease. Some landlords may agree in the rental agreement or lease that the rent will be due on the following business day if the due date is on a holiday or weekend.

Timing of the Eviction Notice

If your tenant fails to pay the rent on time, then you can provide them with a three-day notice for the failure to pay their rent, or a similar notice. At this point, the tenant has three days to pay the rent or to leave the property. Legal holidays and weekends are not included in this three-day period.

Information Presented on the Three Day Notices

In the state of Florida, the failure to pay rent three-day notice has to be written and include a certain statement. This statement can be acquired from your attorney. The notice should also include your name, address and phone number.

It is also a good idea for your three-day notice to include this information, too:

  • The date that the notice is served to the tenant
  • The ultimatum that you (the landlord) can pursue legal action if the tenant fails to move or pay the rent
  • A statement that specifies how the notice was delivered to the tenant.

How to Serve a Three Day Notice

There are three ways that a landlord can serve a notice to a tenant, which include:

  • You can personally deliver it to the tenant.
  • You can mail a copy regular main, certified or registered mail.
  • You can leave the notice in a conspicuous place – such as taped on the front door.

If you fail to serve the three-day notice properly, then you have to create a new one and begin the process again.

While no one looks forward to serving an eviction notice, it is something that a landlord needs to know how to handle if the need arises. The information here can provide them a general overview of what should be done. If you need additional help and information, you can contact Hansen & Taylor Attorneys at Law.