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DEFECTIVE THREE DAY NOTICE

In order to begin the eviction process, you must first start by terminating the tenancy. Although there are several ways that a tenancy can be terminated in the State of Florida, this blog will focus on terminating the tenancy by serving or posting a three day notice for non-payment of rent.

If a tenant fails to pay rent, you must first serve him a three day notice advising the tenant of the exact amounts that are due and owing. The notice also gives the tenant three days in which the tenant may either pay the amount demanded or vacate the property completely. Detailed requirements for a proper three day notice can be found in Florida Statute 83.56 for residential evictions.

Hiring an experienced attorney can save you money and the headache of ensuring the three day notice if properly drafted and served on the tenant. Failure to properly draft or serve a three day notice is fatal to any action brought by the landlord for eviction. Therefore, the three day notice must not contain any errors in form or substance. A correct three day notice is a prerequisite to filing an eviction action and your eviction case will be dismissed if it contains any errors. If your eviction case is dismissed, you can be subject to paying the tenant’s attorney’s fees under Florida Statute 83.48, if he/she is represented by counsel. This could amount to thousands of dollars in additional expenses you will be liable for if your eviction case is dismissed. Not to mention, you will have to restart the eviction process all over again. Don’t take that risk.

Our experienced team of attorney’s handle eviction proceedings from start to finish for a flat fee rate of $1,000.00. This provides our client’s with affordable legal services while alleviating the stress of handling the eviction process on your own. Contact our office and inquire for more information.

Categories: Evictions

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