3 Day Notice given by person other than the Landlord

In Smith vs. Hunt¹, the 3 Day Notice was given by a real estate agent and only listed the real estate agent’s name and address.

The court held that the 3 Day Notice was fatally defective because it was not given by the lessor to the tenant. Furthermore, the court held that according to the written rental agreement, the tenant was only obligated to pay rent to the lessor, not the real estate agent.  The court also stated that the real estate agent use of the phrase “indebted to me” in the 3 Day Notice was misleading because it implies that the tenant is indebted to the real estate agent, and not the lessor.  Consequently, the court dismissed the landlord’s complaint for eviction without leave to amend.

¹ SHARON SMITH, Plaintiff, vs. VERONICA HUNT, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-02057

Including Late Fees not due as Rent in the 3 Day Notice

Under Sec. 83.56(3) of the Florida Statutes, the 3 Day Notice can only demand “rent”, as defined by Sec. 83.43(6).

Accordingly, the court in GONZALEZ vs. BELL¹, held that the 3 Day Notice was fatally defective for including late fees in the amount due. The court reasoned that late fees are not rent and, therefore, may not be demanded in a 3 Day Notice unless there is a written rental agreement which specifically defines late fees as “rent” or “additional rent”. Consequently, because there was no written rental agreement categorizing late fees as “rent” or “additional rent”, the amount due for late fees should not have been included in a 3 Day Notice.

¹ EFRAIN GONZALEZ & MYRNA GONZALEZ, Plaintiffs, vs. GARY BELL & GWEN BELL, Defendants. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-07931.

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: The information on this site is by no means, nor is it meant to be, a definitive treatise on Florida Landlord / Tenant Law. Please be cautioned and advised that the information on this site only 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 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.

Correcting a Defective 3 Day Notice

Under Sec. 83.56(3) of the Florida Statutes, the Landlord can terminate the rental agreement 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. Courts have held that a properly issued 3 Day Notice is a condition precedent to the Landlord having the right to file an eviction.

Accordingly, the court in FORTUGNO vs. LOCHRIDGE¹, dismissed the Landlord’s complaint and did not allow the Landlord to amend the complaint with a revised 3 Day Notice because the original 3 Day Notice was fatally defective. The court reasoned that the Landlord had no right to correct the defect because without a properly issued 3 Day Notice, the Landlord never have the right to file an action for an eviction in the first place.

¹ SUSAN FORTUGNO, Plaintiff, vs. FREDRICK R. LOCHRIDGE and LORETTA FERRANI, Defendants. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-25783.

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: The information on this site is by no means, nor is it meant to be, a definitive treatise on Florida Landlord / Tenant Law. Please be cautioned and advised that the information on this site only 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 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.

Demanding Charges for the Water Bill in the 3 Day Notice

Under Sec. 83.56(3) of the Florida Statutes, the 3 Day Notice can only demand “rent”, as defined by Sec. 83.43(6).

Accordingly, the court in FORTUGNO vs. LOCHRIDGE¹, held that the 3 Day Notice was fatally defective for including an amount for unpaid water bills in the amount due. The court reasoned that there was no written rental agreement categorizing the amount due for water as “rent” or “additional rent”.  Consequently, the amount due for unpaid water bills should not have been included in a 3 Day Notice.

¹ SUSAN FORTUGNO, Plaintiff, vs. FREDRICK R. LOCHRIDGE and LORETTA FERRANI, Defendants. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-25783.

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: The information on this site is by no means, nor is it meant to be, a definitive treatise on Florida Landlord / Tenant Law. Please be cautioned and advised that the information on this site only 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 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.

3 Day Notice Period extended by Rental Agreement

Under Sec. 83.56(3) of the Florida Statutes, landlords can terminate the rental agreement 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.” .

Courts have held that certain factors give tenants more time to comply with the 3-Day Notice than the 3 days provided for under Section 83.56(3), Florida Statutes. Consequently, the Due Date, as stated in the 3-Day Notice, must take into account those factors. Courts have held the failure to do so makes the 3-Day Notice fatally defective and requires the dismissal of the complaint without leave to amend.

In SMITH vs. HUNT¹, a provision of the written rental agreement was as follows:

Lessee shall be given written notice of any default or breach, and termination and forfeiture of the lease shall not result if within 10 days of receipt of such notice, lessee has corrected the default or breach or has taken action reasonably likely to effect such correction within a reasonable time.

The court held that the 3 Day Notice was fatally defective for only giving the tenants 3 days notice. The court reasoned that the written rental agreement obligated the landlord to give the tenant 10 days to cure the default. Consequently, because the 3 Day Notice only gave the tenant 3 days to cure the default, it was fatally defective.

¹ SHARON SMITH, Plaintiff, vs. VERONICA HUNT, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-02057.

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: The information on this site is by no means, nor is it meant to be, a definitive treatise on Florida Landlord / Tenant Law. Please be cautioned and advised that the information on this site only 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 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.

Demanding Filing Fees in the 3 Day Notice

Under Sec. 83.56(3) of the Florida Statutes, the 3 Day Notice can only demand “rent”.

Accordingly, the court in EMMER, vs. WALKER¹, held that the 3 Day Notice was fatally defective for including filing fees in the amount due. The court reasoned that filing fees are not rent and may not be included in a 3 Day Notice.

¹ RYAN EMMER, Plaintiff, vs. OLIVER WALKER & SHEILA WALKER, Defendants. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-07639.

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: The information on this site is by no means, nor is it meant to be, a definitive treatise on Florida Landlord / Tenant Law. Please be cautioned and advised that the information on this site only 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 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.