A Florida 3 Day Notice To Quit is a letter that complies with state legal requirements to begin eviction against a tenant for nonpayment of rent. The tenant to pay the balance due or move out within three (3) judicial days (i.e., not counting weekends or legal holidays) of receiving notice.
When To Use a Florida 3 Day Notice To Quit
A 3 Day Notice To Quit begins the eviction process when the tenant is late on rent. A landlord may deliver this notice when any part of the rent remains unpaid the day after it’s normally due.
Some types of Florida lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Florida 3 Day Notice To Quit
To help ensure the legal compliance of a Notice To Quit:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis upon which the tenancy will terminate, and the payment required to avoid termination
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a Florida 3 Day Notice To Quit
Florida landlords may deliver an initial written Notice To Quit by any of the following methods:
- Hand delivery to the other party
- If hand delivery fails: Leaving a copy of the notice at the property
- Delivery by mail
Mailed notice extends a notice period by five (5) calendar days, to account for variable delivery times.
Sources
- 1 Fla. Stat. § 83.56(4)
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The delivery of the written notices required by subsections (1) [termination due to material noncompliance by the landlord], (2) [termination due to material noncompliance by tenant, EXCEPT nonpayment of rent], and (3) [tenant failure to pay rent] shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence. The notice requirements of subsections (1), (2), and (3) may not be waived in the lease.
Source Link - 2 Fla. R. Civ. P. 2.514(6)
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Additional Time after Service by Mail. When a party may or must act within a specified time after service and service is made by mail, 5 days are added after the period that would otherwise expire under subdivision (a).
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