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THREE DAY NOTICE EVICTION

 

 

Q.  What is a three-day notice and how can a landlord evict a tenant who is late with a payment?

 A.  If a tenant fails to pay rent when rent is due, and the default continues for three days, excluding Saturday, Sunday, and legal holidays, the tenant may be evicted in the following manner:

            The landlord will make a written demand for payment of the rent or possession of the premises.  If the tenant fails to pay the rent or surrender the premises, the landlord is entitled to a quick hearing under what is known as summary procedure.  The three-day notice should take substantially this format:

 

You are hereby notified that you are indebted to me in the sum of X dollars for the rent and use of the premises located at XYZ Street, in Pinellas County, Florida, and I demand payment of the rent or possession of the premises within three (3) days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the _____ day of ________ 1985, to landlord at the following address: (address).

 

            The notice may be mailed, or if the tenant is absent from his last or usual place of residence, a copy may be left at the residence.  Certified mail is better proof of delivery but is not essential to give effective notice. Once the proper notice has been served on the tenant, the landlord files a complaint and states the facts concerning the money owed.  If the tenant does not contest the facts, the landlord will be entitled to a judgment, and the clerk of the court shall issue a writ to the sheriff describing the premises and commanding him to put the landlord in possession after 24 hours notice has been conspicuously posted on the premises.  The prevailing party is entitled to have judgment for costs reimbursed.

            If the tenant has abandoned the dwelling unit and has not paid his rent, he will have been deemed to have vacated the premises if he has been absent one-half of the time of the rent cycle.  Also, if the tenant holds over and continues in possession after the expiration of the rental agreement without permission of the landlord, the landlord may recover double the amount of rent due.

            A rental agreement without a defined period of time for tenancy may be terminated by either party as follows:

1.      If the rent is paid yearly 60 days notice.

2.      If the rent is paid quarterly 30 days notice.

3.      If the rent is paid monthly 15 days notice.

4.      If the rent is paid weekly 7 days notice.

 

 

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