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.

When the Place for Payement in a Different County

Under Sec. 83.56(3) of the Florida Statutes, the 3 Day Notice must contain the address where the rent can be paid.

However, the court in 901 POMPANO, LLC, vs. PERSON¹, held that the 3 Day Notice was fatally defective because is listed the place for payment of the rent as being in a different county than the rental property,  yet it did not include an additional 5 days in the notice for the Tenant to mail the rent payment.

¹ 901 POMPANO, LLC, Plaintiff, vs. BRENDA PERSON, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-08891.

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.

Landlord’s access to the rental property

A common question from Tenants is, “When can my Landlord come into my home?”

The answer depends on the terms and conditions of the rental agreement. If the rental agreement is silent on the issue, then Florida Law exclusively governs the issue.

Landlord’s Right to Access:

Ownership of property has been analogized as having a “bundle of rights.” One of those “sticks” in the bundle of rights is ‘possession.’ Although the Landlord ‘owns’ the property, when he enters into a rental agreement with a Tenant, the Landlord transfers over the right of possession to the Tenant. Consequently, the Landlord does not have the unfettered right to enter the property.

Florida Law prohibits the Tenant from unreasonably withholding consent to the Landlord occasionally entering the premises to

1. protect or preserve the premises
2. make necessary or agreed repairs
   
3. make decorations, alterations, or improvements
4. supply agreed services
5. exhibit the premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors

Landlord’s Obligations:

The Landlord can enter the premises to protect or preserve the premises at any time.

Landlord Larry stops by the unit to collect the rent and sees smoke coming from inside. In this case, Larry can immediately enter the premises without prior notice or consent from the Tenant Tom.

The Landlord can enter the premises to make repairs by giving at least 12 hours notice and entering the unit between 7:30 am and 8 pm.

Larry hires Joe the Plumber (after he gets a license and liability insurance) to install water saving shower heads on all of his rental properties. Larry can enter the Tom’s unit by giving Tom notice on Monday at 9 am the Joe will be entering the unit on Tuesday at 1 pm to make repairs.

For any of the other enumerated reasons in Section 83.53(1), the Landlord may enter the premises

1. with the consent of the tenant
2. in case of emergency
3. when the tenant unreasonably withholds consent

However, the Landlord is prohibited from abusing his right to enter the premises or use it to harass the Tenant.