3 day notice to pay rent or vacate in Florida

Attorney Tom Olsen: What should a landlord do if the tenant is not paying rent?

Attorney Rob Solomon: In Florida, the landlord gives the tenant a three-day-notice to pay rent or vacate.  That 3-day notice alerts the tenant that their rent is unpaid and that the tenant has three business days to pay the rent or otherwise be evicted.  It also says, "Give me possession, if you are not going to pay debt, if you are not giving me this money, give me the money, or give me possession of the premises back. Failing either, I could bring forth an eviction action”.

Attorney Tom Olsen: I know that the Florida Statutes gives us a form of a three-day notice to pay rent or vacate. If a layman were looked at that form it looks very easy to fill out, but I know there's a lots of mistakes that could be made in filling out a 3-day notice to pay rent or vacate.

Attorney Rob Solomon: Yes. It's really interesting because the 3-day Notice is only about one paragraph and if you buy it at the courthouse, and you think, "Well, the court made these forms, how can it be such a problem?" But, all of the places that get filled in have all sorts of law that have been decided by Florida Courts and you wouldn't know what those decisions are unless you're an extremely boring person and have nothing better to read at the kitchen table than Florida Statutes or Florida Cases. And so, you need to be aware of these pitfalls in filling out a three-day notice to pay rent or vacate, which are numerous, and when that form is not filled out you cannot proceed with your landlord-tenant case. Two years ago, before they changed the Statute, your case would be dismissed if you improperly filled out the 3-day notice to pay rent or vacate.