[FL] How do I evict a tenant for not paying rent?
Okay. That is the first step in an eviction process.
In Florida, a landlord must give a 3-day “notice to pay or quit” before suing for possession for nonpayment of rent (Fla. Stat. § 83.56(3)).
If a tenant fails to pay rent when due and the default “continues for 3 days” after the landlord delivers a written demand, the landlord may terminate the rental agreement and proceed toward an eviction (possession) action.
The statute excludes Saturdays, Sundays, and court-observed legal holidays when you compute the three days. You can mail, deliver a true copy, e-mail (if done in accordance with §83.505), or leave a copy at the residence if the tenant is absent.
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I have a tenant who is not paying rent — help!
I understand the frustration of dealing with a tenant who isn't paying rent. Have you served any notices to the tenant regarding the unpaid rent?
No I haven't, should I?
Is there a written lease agreement in place outlining the terms of rent payment and consequences for non-payment?
I don't know.
Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your rent payment issue.
Yes.
Thank you for choosing AskaLawyer! My name is Jessica, and I am a licensed attorney who will be assisting you with your question. I am sorry you are having issues with your tenant. What state is the property located in?
Florida. Miami-Dade, specifically.
Have you issued a written 3-Day Notice to Pay or Quit?
I have not.
Okay. That is the first step in an eviction process.
In Florida, a landlord must give a 3-day “notice to pay or quit” before suing for possession for nonpayment of rent (Fla. Stat. § 83.56(3)).
If a tenant fails to pay rent when due and the default “continues for 3 days” after the landlord delivers a written demand, the landlord may terminate the rental agreement and proceed toward an eviction (possession) action.
The statute excludes Saturdays, Sundays, and court-observed legal holidays when you compute the three days. You can mail, deliver a true copy, e-mail (if done in accordance with §83.505), or leave a copy at the residence if the tenant is absent.
Awesome, thank you! So I just give to the tenant with the property details completed, and he has three days to pay me or I can start an eviction?
Correct.
And can I defend myself or do I need to hire another attorney?
You are not required to have an attorney.
Okay, perfect. Thank you!
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.
Bless you.
Thank you.
