What is the 3-day Notice?
It is formally titled the NOTICE FROM LANDLORD TO TENANT–TERMINATION FOR FAILURE TO PAY RENT, but pursuant to statute it provides 3 (three) days for the tenant to pay the rent owed. Accordingly, it is commonly referred to as the 3(THREE) DAY NOTICE.
The 3-day notice shall contain a statement in substantially the following 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)
Get a copy of the 3-Day Notice form from the Florida Bar Website.
When to use it?
When the tenant fails to pay rent when due. The 3-day notice is for FAILURE TO PAY RENT, and not for any other breaches of the lease.
Effect of 3-Day Notice.
If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement. Legal holidays for the purpose of this section shall be court-observed holidays only.
How to use it?
This notice may be delivered by mail or by delivering a copy to the dwelling unit, or, if the Tenant is absent from the dwelling unit, by leaving a copy thereof at the dwelling unit by posting at on the front door or other conspicuously location at the Property.
- Include only rent in the 3-Day Notice. Landlords should include late fees in the 3 day notice WITH CAUTION, and only if the late fees are deemed as”RENT” by the LEASE. (I advise client to leave late fees out of three day notices. However, if you feel uncomfortable leaving those amounts out, included only the rent amount in the 3-Day notice and include a footnote detailing the other amounts.) When in doubt leave late fees out. **The 3-day notice should be considered as the first step in an eviction, you are not proving all amounts due by the 3-day notice. If you include too much, such as late fees that are not rent, or other amounts due by the tenant, your 3-day Notice may be considered invalid and will delay the eviction process, and you may have to re-issue a proper 3-day notice.**
- Maintain an exact copy of the 3-DAY NOTICE. You will need an exact copy as an exhibit to your eviction filing.
- Take a picture of the 3-Day Notice Posted on the Property. These days phone cameras should be able to capture a legible picture of the 3-day notice as posted.
When not to use it?
Ok so now you know when and how to use a 3-Day Notice. But you may be wondering what to do if the tenant also owes money that is not for rent, such as unpaid utilities, late fees (not deemed rent by the lease), etc., or if the tenant is in breach of other provisions of the lease– What do you do?
You need to serve a 7-Day Notice, NOTICE FROM LANDLORD TO TENANT NOTICE OF NONCOMPLIANCE FOR MATTERS OTHER THAN FAILURE TO PAY RENT. This is the first step in the eviction process for tenant non-compliance for reasons other than non-payment of rent.
You can serve a 3-Day Notice together with a 7 Day Notice, include rent only on the 3-Day Notice, and include all other amounts and all other breaches on a 7 day notice.
If you want to review the Florida Statute on 3(three) day notices for Residential Tenancies, here is the link Section 83.56(3) and (4), Florida Statutes.