How late does the rent have to be before a Landlord can issue a 3-Day Notice?

Question: How many days late does the rent have to be before a Landlord can issue a 3-Day Notice ?

Answer: A 3-Day Notice can be issued 1 day after the “due date.”

Explaination: Most Landlords and Tenants mistakenly believe that the Landlord must wait until the “grace period” regarding the application of late fees is over before they can issue a 3-Day Notice. Fortunately, this is not the case.  Landlords must first read the Rental Agreement.  So long as rent is “due” on the first of the month under the terms of the Rental Agreement, the Landlord can issue a 3-Day Notice on the 2nd of the month, even though rent is not “late” until the 5th of the month (i.e., “late fees” are not imposed until the 5th of the month).

Commentary: In my opinion, this problem is a result of the bad drafting of the rental agreement.  For reasons unknown, drafters of rental agreements typically include a 3 or 5 day “grace period” before “late fees” are applied.  It is most likely that these drafters never owned a piece of rental property.  In my experience as a Landlord, if you give Tenants until the 5th of the month before “late fees” become due, they usually will not pay until the 5th of the month.   In addition to giving the Tenant 4 days of free rent (should you have to eventualy file an eviction), this creates confusion between Landlords and Tenants.  Some Tenants sincerely believe that the Landlord can not issue a 3-Day Notice until the rent is “late” (i.e., paid after the 3rd or 5th on the month depending on the Rental Agreement).  Consequently, these Tenants will not promptly respond to a 3-Day Notice issued on the 2nd of the month.

Remedial Action: I counsel my clients to not allow any “grace period” before “late fees” become due and payable to the Landlord as additional rent.  In other words, rent should be “due” on the 1st and “late” on the 2nd.

If you have any questions about issuing a 3-Day Notice or would like to have a Rental Agreement for your rental property drafted by a Florida Landlord / Tenant Attorney, please contact my office at (407) 835-8688.

Jaisen J. Stango, Esq.

Landlord / Tenant Attorney

617 E Washington St Ste 3

Orlando, FL 32801

Ph (407) 835-8688

http://www.Orlando-Evictions.com

LEGAL DISCLAIMER: Please be cautioned and advised that the information on this site amounts to general statements regarding Florida Landlord Tenant Law and is not to be taken as direct legal advice regarding your specific situation. This site is not to be taken as a substitute for researching and reading Florida Landlord Tenant Law for yourself. This site is not intended to create and shall not constitute the creation of an attorney-client relationship. To determine the applicability of the Florida Laws that govern your specific situation, you must seek legal advice from an attorney or research the Florida Statutes and case law for yourself. Please note that Florida Laws are subject to change and, furthermore, are subject to court interpretation. Therefore, the information on this site is subject to change without notice.

Lead Based Paint Disclosure

Before renting housing built prior to 1978, Landlords are required to disclose the presence of known lead-based paint and provide Tenants with the Federally approved pamphlet on lead-based paint poisoning prevention.

For a sample disclosure form, click here.

For a downloadable copy of the Federally approved pamphlet, click here.

If you have any questions about the required disclosures that must be made in a rental agreement, please do not hesitate to contact my office at (407) 835-8688.

Jaisen J. Stango, Esq.

Landlord / Tenant Attorney

617 E Washington St Ste 3

Orlando, FL 32801

Ph (407) 835-8688

http://www.Orlando-Evictions.com

LEGAL DISCLAIMER: Please be cautioned and advised that the information on this site amounts to general statements regarding Florida Landlord Tenant Law and is not to be taken as direct legal advice regarding your specific situation. This site is not to be taken as a substitute for researching and reading Florida Landlord Tenant Law for yourself. This site is not intended to create and shall not constitute the creation of an attorney-client relationship. To determine the applicability of the Florida Laws that govern your specific situation, you must seek legal advice from an attorney or research the Florida Statutes and case law for yourself. Please note that Florida Laws are subject to change and, furthermore, are subject to court interpretation. Therefore, the information on this site is subject to change without notice.

Radon Gas Disclosure

Florida Law requires the following radon gas disclosure to be made prior to, or at the time of, entering into a rental agreement:

RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.

This disclosure is specific to the State of Florida.  Accordingly, unless the Landlord is using a rental agreement drafted to comply with Florida law, most likely that document does not contain the required disclosure.  Too often, I come across Landlords that download leases for free off of the Internet.  One of the problems with this is that these Landlords only have a 1 in 50 chance of downloading a Florida specific rental agreement.  Consequently, there is a 98% chance that a randomly selected rental agreement found on the Internet is not a Florida specific.

If you have any questions about the required disclosures that must be made in a rental agreement, please do not hesitate to contact my office at (407) 835-8688.

Jaisen J. Stango, Esq.

Landlord / Tenant Attorney

617 E Washington St Ste 3

Orlando, FL 32801

Ph (407) 835-8688

http://www.Orlando-Evictions.com

LEGAL DISCLAIMER: Please be cautioned and advised that the information on this site amounts to general statements regarding Florida Landlord Tenant Law and is not to be taken as direct legal advice regarding your specific situation. This site is not to be taken as a substitute for researching and reading Florida Landlord Tenant Law for yourself. This site is not intended to create and shall not constitute the creation of an attorney-client relationship. To determine the applicability of the Florida Laws that govern your specific situation, you must seek legal advice from an attorney or research the Florida Statutes and case law for yourself. Please note that Florida Laws are subject to change and, furthermore, are subject to court interpretation. Therefore, the information on this site is subject to change without notice.

Landlords’ obligation of good faith to relet the premises.

Under Section 83.595, Florida Statutes, if a Landlord retakes possession of the premises for the account of the Tenant after the Tenant breaches the rental agreement, the Landlord has an obligation of “good faith in attempting to relet the premises.”

The Landlord’s obligation of good faith means

the landlord uses at least the same efforts to relet the premises as were used in the initial rental or at least the same efforts as the landlord uses in attempting to rent other similar rental units but does not require the landlord to give a preference in renting the premises over other vacant dwelling units that the landlord owns or has the responsibility to rent.

If you are a Landlord, you would be well advised to contact a Landlord / Tenant Attorney before choosing to retake possession for account of the Tenant to ensure compliance with for Florida Law.

If you are a Tenant and your Landlord seeking damages from you as a result of your breach of a rental agreement, you would be well advised to contact a Landlord / Tenant Attorney to determine whether you are in fact liable for those alleged damages under Florida Law.

If you have any questions about the Landlord’s obligation of “good faith in attempting to relet the premises,” please do not hesitate to contact my office at (407) 835-8688.

Jaisen J. Stango, Esq.

Landlord / Tenant Attorney

617 E Washington St Ste 3

Orlando, FL 32801

Ph (407) 835-8688

http://www.Orlando-Evictions.com

LEGAL DISCLAIMER: Please be cautioned and advised that the information on this site amounts to general statements regarding Florida Landlord Tenant Law and is not to be taken as direct legal advice regarding your specific situation. This site is not to be taken as a substitute for researching and reading Florida Landlord Tenant Law for yourself. This site is not intended to create and shall not constitute the creation of an attorney-client relationship. To determine the applicability of the Florida Laws that govern your specific situation, you must seek legal advice from an attorney or research the Florida Statutes and case law for yourself. Please note that Florida Laws are subject to change and, furthermore, are subject to court interpretation. Therefore, the information on this site is subject to change without notice.

Landlords’ Choice of Remedies upon Tenants’ Breach of Rental Agreement

When the Tenant breached the rental agreement and either:

1. the landlord obtained a writ of possession;
2. the tenant surrendered possession; OR
3. the tenant abandoned the premises

the Landlord may:

1. retake possession for his own account (thereby terminating any further liability of the Tenant);
2. retake possession for the account of the Tenant (and holding the Tenant liable for the difference between what the Landlord is owed under the rental agreement and what that Landlord can recover from releasing the premises);
3. do nothing; OR
4. charge the Tenant an early termination fee.

If you are a Landlord, you would be well advised to contact a Landlord / Tenant Attorney BEFORE choosing one of the available remedies provided for under Florida Law to determine which option is best for your current situation and to ensure the proper election of the chosen remedy.

If you are a Tenant and your Landlord is seeking damages from you as a result of your breach of a rental agreement, you would be well advised to contact a Landlord / Tenant Attorney to determine whether you are in fact liable for those alleged damages under Florida Law.

If you have any questions about Landlord / Tenant Law, please do not hesitate to contact my office at (407) 835-8688.

Jaisen J. Stango, Esq.

Landlord / Tenant Attorney

617 E Washington St Ste 3

Orlando, FL 32801

Ph (407) 835-8688

http://www.Orlando-Evictions.com

LEGAL DISCLAIMER: Please be cautioned and advised that the information on this site amounts to general statements regarding Florida Landlord Tenant Law and is not to be taken as direct legal advice regarding your specific situation. This site is not to be taken as a substitute for researching and reading Florida Landlord Tenant Law for yourself. This site is not intended to create and shall not constitute the creation of an attorney-client relationship. To determine the applicability of the Florida Laws that govern your specific situation, you must seek legal advice from an attorney or research the Florida Statutes and case law for yourself. Please note that Florida Laws are subject to change and, furthermore, are subject to court interpretation. Therefore, the information on this site is subject to change without notice.

Early Termination Fees for Residential Tenancies

Section 84.43(17), Florida Statutes, defines an “early termination fee” as

any charge, fee, or forfeiture that is provided for in a written rental agreement and is assessed to a tenant when a tenant elects to terminate the rental agreement, as provided in the agreement, and vacates a dwelling unit before the end of the rental agreement.

However, the following are specifically excluded from that definition:

1. Unpaid rent and other accrued charges through the end of the month in which the landlord retakes possession of the dwelling unit.
2. Charges for damages to the dwelling unit.
3. Charges associated with a rental agreement settlement, release, buy-out, or accord and satisfaction agreement.

In order to charge an early termination fee, Landlord must comply with Section 83.595, Florida Statutes. Among other things, section 83.595 requires the Landlord and Tenant to sign an addendum to the rental agreement in which the Tenant specifically agrees to pay the early termination fee. Florida law also limits the amount of early termination fees to a maximum of two months rent.

If you are a Landlord and are interested in retaining the ability to charge an early termination fee, you would be well advised to contact a Landlord / Tenant Attorney BEFORE you enter in a rental agreement to ensure proper compliance with Florida Law.

If you are a Tenant and your Landlord is charing you an early termination fee, you would be well advised to contact a Landlord / Tenant Attorney to determine whether you are in fact liable for that fee under Florida Law.

If you have any questions about early termination fees under Florida Law, please do not hesitate to contact my office at (407) 835-8688.

Jaisen J. Stango, Esq.

Landlord / Tenant Attorney

617 E Washington St Ste 3

Orlando, FL 32801

Ph (407) 835-8688

http://www.Orlando-Evictions.com

LEGAL DISCLAIMER: Please be cautioned and advised that the information on this site amounts to general statements regarding Florida Landlord Tenant Law and is not to be taken as direct legal advice regarding your specific situation. This site is not to be taken as a substitute for researching and reading Florida Landlord Tenant Law for yourself. This site is not intended to create and shall not constitute the creation of an attorney-client relationship. To determine the applicability of the Florida Laws that govern your specific situation, you must seek legal advice from an attorney or research the Florida Statutes and case law for yourself. Please note that Florida Laws are subject to change and, furthermore, are subject to court interpretation. Therefore, the information on this site is subject to change without notice.