What do I do if my tenant is not paying rent? Post a three (3) day notice!
Presuming that tenant is under a traditional lease and pays rent on a monthly basis, the first thing to do is post a three (3) day notice! This is how to official inform the tenant that they must pay rent, or you’re going to take legal action to evict them. Florida law states that right to notice, cannot be waived in the lease, and this three (3) day notice period, also known legally as a “right to cure” period needs to be handled properly, or it can cause you a world of problems down the road if you wind up needing to file an eviction action.
One of the specific and most important elements of a proper and effective three (3) day notice, is making sure that it contains very specific statutory required language. If you’d like assistance preparing a three day notice, that contains the required language, simply contact this office and we’d be happy to help. If you decide to do it your self, make sure to be careful, there is a mine field of potential pitfalls that can cause problems down the road.
A common pitfall is failing to properly calculate the correct three (3) day notice time period. Make sure to give the tenant three (3) full business days to pay/cure their default, and the date that the notice is posted does not count. Business days means that holidays and weekends do not count in the calculation either. If you have specific questions, please feel free to call and we’d be happy to walk you through the eviction process.
The information above is for general information purposes only, and shall not be construed to create an attorney client relationship. It is highly recommended that you retain an attorney to assist with your specific situation, so that they can tailor a strategy to properly deal with your specific case.