If you have a tenant in Florida that fails to pay rent, you have the right to evict them from the rental property. Once you provide the notice of eviction to the tenants, they have three days to either leave the property or pay the rent that is due.
Being a landlord can be a tough job. However, in Florida, you do have the legal right to evict a tenant for not paying the rent according to the Florida state landlord-tenant statutes.
Due Dates for Rent in Florida
Generally, rent is due on the first of each month, including holidays and weekends, unless a different date has been specified on the rental or lease agreement. Some landlords have no problem allowing tenants to pay rent the next business day if the first falls on a holiday or weekend.
Timing the Delivery of Eviction Notices for not Paying Rent
If you have a tenant who does not pay their rent on time, then you can give them a three day notice for the failure to pay. At this point, the tenant has the option to pay the amount due (plus any late fees stipulated in the lease or agreement) or to leave the property.
The three day period begins when the notice is given to the tenant. Legal holidays and weekends aren’t included in this period of three days. This means that if the rent is due on Thursday and the three day notice is delivered on Friday, then the tenant has until the next Wednesday to either pay rent or vacate the property.
Information a Three Day Notice Includes
In the state of Florida, the three day notice that is delivered to tenants who have failed to pay rent have to include certain information.
- The amount of rent due
- The address of the rental property
- The name, address and phone number of the landlord
- The date the notice was served to the tenant
- The ultimatum that the landlord has the right to pursue legal action if the tenant does not pay or move out
- A statement that specifies how the notice was delivered to the tenant
If you need help drafting this three day notice, you can seek the services of a Miami landlord attorney to help with the matter.
Seeking Legal Intervention
If the tenant does not respond to the three day notice by paying the rent or moving out, you will have to pursue legal action. You have to prove your case to have an officer of the law take possession of the property. It is essential that you never use self-help practices in this situation, such as shutting off the utilities or changing the locks.
If you need help with a situation where a tenant has failed to pay rent and has not responded to a three day notice, then it is best to hire a Miami landlord attorney. Additional help and information about the situation can be seen by contacting the lawyers at Hansen & Taylor Attorneys at Law by calling 305-666-1603.