What Can Void A Three-Day Notice To Pay Or Quit In Florida?

The basic agreement of any residential tenancy is that the tenant will pay a set amount of rent to the landlord in exchange for living in a property. While this arrangement usually works out well for both the landlord and the tenant, there are times when things might not go as anticipated. One key example of this is when a tenant does not pay rent.

In this situation, a landlord may choose to start the eviction process by sending a three-day notice to pay rent or quit. This notice must comply with Florida law, including by listing the correct amount of rent due and using the correct language. If you send out a defective notice, Florida law does permit landlords to amend a notice to quit and restart the eviction process.

At Eaton Realty, we know that owning rental properties can be both financially rewarding and a lot of work. Our property management services can make it as easy as possible to own and profit from your rental properties. We can take on every aspect of managing your properties, including dealing with nonpayment of rent and evictions. Reach out to talk to a member of our real estate team about your property management needs.

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What Is a Three-Day Notice to Pay or Quit?

When a tenant fails to pay rent, a landlord will typically want to evict them and find a new tenant. Under Florida’s Landlord-Tenant law, however, there are specific procedures that must be followed to evict any tenant. Self-help eviction (such as changing the locks or shutting off the utilities) is illegal in Florida.

For non-payment of rent, a landlord can provide a tenant with a three-day notice to pay rent or quit. A landlord can send this notice to a tenant whenever they are 3 days late with the rent (excluding Saturday, Sunday, and legal holidays). The notice must state that the tenant has 3 days (again, excluding weekends and legal holidays) to either pay their rent or vacate the rental property.

A three-day notice to pay rent or quit must be in writing and either mailed or delivered to the tenant. Generally, eviction notices should include the following information:

• Tenant’s name and address
• Landlord’s name, address, and contact information
• Date of notice
• Amount of rent owed by tenant
• Location of the rental property
• A demand that the tenant either pay rent or leave the premises within 3 days (specifying the date)
• The landlord’s signature

Florida law provides a sample that can be used for a three-day notice:

“You are hereby notified that you are indebted to me in the sum of $___ dollars for the rent and use of the premises (address of leased premises, including county), Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the (date) day of (month), (year).

(landlord’s name, address, and phone number)”

If you have a tenant who is behind on rent, sending a notice to pay or quit is the first step in the eviction process. Our Hillsborough County property managers can work with you to ensure that you are up-to-date on rent collections and that any delinquent tenants receive a proper notice.

Reasons Why a Three-Day Notice to Quit May Be Voided

Under Florida law, a three-day notice to terminate a residential tenancy must “substantially comply” with the above statutory form in order to be valid. Broadly, the notice must provide the tenant with the “what, when, to whom, and where” of the payment requirements. If a three-day notice to quit does not substantially comply with the statute, it is considered defective.

This may allow a tenant to challenge the notice in court. Below, we break down some of the reasons why a notice to quit might be deemed defective.

Improper Wording

Substantial compliance with the law means that the tenant must be given clear notice of their right to either pay the rent owed or leave the premises. A notice that does not provide the required information to a tenant may be void. Florida courts have found that notices that do not use the statutory language may be void, including the following notices:

• “Vacate the premises or they will put you out.”
• “Vacate, quit, and deliver.”
• “Vacate, quit, and deliver up the premises.”

Because a court may invalidate a notice that does not provide proper notice to a tenant, it is always a good practice to use the statutory language rather than using your own wording.

Inaccurate Amount of Rent

A three-day notice to quit must specify the amount of rent due. Per the statute, the landlord must include the sum due in dollars. The amount must be accurate. It must only include rent, which is defined in Florida as periodic payments due to the landlord from the tenant and other payments designated as rent in a written lease..

A three-day notice will still be valid if the amount listed is for less than the actual amount due. However, if it is greater than the rent owed at the time that the notice is served, then the notice will be defective.

Landlords are sometimes tripped up by including any money that is not considered rent as part of the amount due. This may include late fees, security deposits, penalties, and/or increased rents. Unless these amounts are specifically designated as rent in a written lease, they cannot be included as part of a three-day notice to quit. Even if something like a late fee is deemed rent by the lease, it still has to be properly calculated.

If a landlord accepts partial payment of rent, it will also make the notice defective because the amount listed is no longer accurate. If your tenant wants to pay off some of their past-due rent, you can still accept the money. You can then:

1. Provide a receipt to the tenant listing the amount paid and the agreed date and amount of the outstanding rent due;
2. Place the partial rent in the court registry; or
3. Send a new three-day notice to quit with the updated amount of rent due.

In other words, you can try to work with the tenant by accepting partial payment of rent if you choose to do so. However, if you would rather move forward with the eviction or only want the full balance due, you can choose to reject the partial payment. Our property managers can help you decide how to move forward with the rental property.

Improper Amount of Time

Florida law allows landlords to terminate a tenancy if a tenant fails to either pay the back due rent or vacate the property after receiving a three-day notice to pay or quit. However, in drafting the notice, the landlord has to be sure that they have properly calculated the three-day notice period.

This three-day period should be calculated as three business days from the date of the notice. When making this calculation, you will want to exclude any legal holidays, which are those holidays that are observed by the clerk of courts. You should always check the schedule for the list of legal holidays for Hillsborough County through the clerk of court’s website.

This time period cannot be shortened or lengthened - it must be exactly 3 days. However, if you mail the notice to the tenant or require the tenant to pay rent or deliver the keys to a PO box, then the notice period is 5 days. This allows for the extra time for mailing.

A landlord should not file an eviction complaint until the three-day notice has elapsed. For example, if the deadline for paying or vacating the premises is December 15, then a landlord cannot file an eviction petition until December 16. If you have questions about calculating the three-day notice date, consult with your property manager or an attorney.

Address and Contact Information Not Included

The statute requires that landlords include certain contact information. This includes the physical address and county of the leased premises. The landlord must also include their name, address, and telephone number at the end of the notice.

If a landlord does not include any of this information, then the notice will be defective. This can allow a tenant to challenge an eviction, so it is important to make sure that all of the necessary information is included.

Improper Service

A three-day notice must either be mailed or delivered to the tenants, with a copy posted on the property. All tenants must be identified on the notice, and the notice should ideally include the method of service (such as by mail or hand delivery). If the notice is not properly served, it will be void.

Can a Defective Three-Day Notice Be Fixed?

A three-day notice that does not strictly comply with Florida’s landlord-tenant law may be void. However, this does not mean that a landlord cannot pursue an eviction.

This same law gives landlords the right to amend a three-day notice. If the notice is defective and the tenant remains in default, the landlord can serve a new, accurate notice on the tenant. They could then pursue an eviction complaint if the tenant did not pay or vacate the premises.

Of course, the easiest and quickest way to evict a tenant in Florida is by following the proper procedures. If you own rental property in the Tampa region, our team of experienced property managers can help you manage your rental units effectively and can handle notices and evictions on your behalf.

Avoid Rental Headaches & Let Eaton Realty Help You Manage Your Properties

Owning rental properties can be a great way to build your financial stability. That being said, it can also be challenging, particularly when it comes to dealing with issues like nonpayment of rent. Our real estate company is here to help.

Eaton Realty is a Tampa property management company that works with landlords and property investors throughout Hillsborough County. We can take on all aspects of property management for you, from marketing your property to screening tenants, to collecting rent, to handling evictions. Our goal is to make the process of owning rental properties as low-stress and profitable as possible.

To learn more about our property management services, fill out our online contact form or call our office at 813-672-8022.