Florida landlords do have the right to kick tenants out of their homes under the formalities of the eviction process. However, evictions must follow the steps outlined in Florida law specifically, or the Florida landlord will be liable to the renter for wrongful eviction of the tenant. Successful wrongful eviction cases can force the landlord to pay monetary damages to the tenant.
For more on wrongful eviction in Florida read our discussion, Illegal Evictions in Florida.
Rent and the Florida Residential Landlord and Tenant Act
Florida tenants need to know that Florida’s Residential Landlord and Tenant Act (FRLTA) (Florida Statute 83.40 et seq) protects them from the bad acts of their landlord.
Things are precise under the FRLTA and the landlord must do things exactly as stated in the law.
All too often, landlords fail to abide by the eviction law. It happens all the time. However, they will only be held responsible for a wrongful eviction if the tenant knows the eviction laws and has the courage to challenge them.
How particular are these Florida eviction laws? What should tenants know about eviction procedures? Well, consider the notice requirements for non-payment of rent. Failing to comply with the notice requirements is a common error made by landlords seeking to evict tenants here.
Three Day Notice Requirement for Non-Payment of Rent by Tenant in Florida
Under Florida Statute 83.56(3), there is a mandatory three (3) day notice requirement placed upon the landlord. The statute states:
If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement. Legal holidays for the purpose of this section shall be court-observed holidays only.
There are all sorts of ways that a landlord can fail to abide by this legal requirement. They include:
- Failing to calculate the three (3) day time period correctly
- Failing to correctly calculate the amount due by the tenant
- Failing to correctly state the charges assessed against the tenant
- Including prohibited or unwarranted charges demanded from the tenant.
Landlords can violate the Eviction Laws by charging things like late fees, demanded an incorrect rental amount, adding on administrative fees, etc., and it’s surprising how often landlords will make these mistakes because they simply assume they have the right to get these monies from their tenant.
Unpaid Rent: Counting the Days under Florida Statute 83.56(3)
The statute gives specific instructions on what days can be included in the three day count, and what days are not to be included in the tally.
The FRLTA is clear. First, the tenant must fail to pay the rent on the day it is due (as defined in the lease). This is considered “the default.” The landlord can then demand the rent be paid. The demand must be in writing. It must contain specific language as stated in the Act.
And after that demand is delivered to the tenant (this must be a proper delivery), then there must be three more days that follow where the rent is not paid.
But there’s a catch here. Under the Act, Saturdays and Sundays are not to be counted.
Court-Observed Legal Holidays
Moreover, legal holidays are not to be counted if they are “court-observed.” Do you know all the legal holidays in the State of Florida that are observed by the courts? Does your landlord? Holidays on your wall calendar are not what works here in the official count. Instead, these holidays depend upon the county’s schedule as well as the court’s calendar. For instance, in Miami-Dade County, the Clerk of the Courts lists the following as 2018 holidays:
- New Year’s Day – Jan 1 (Mon)
- Martin Luther King, Jr. Day – Jan 15 (Mon)
- President’s Day – Feb 19 (Mon)
- Memorial Day – May 28 (Mon)
- Independence Day – Jul 4 (Wed)
- Labor Day – Sep 3 (Mon)
- Columbus Day – Oct 8 (Mon)
- Veterans Day – Nov 12 (Mon)
- Thanksgiving – Nov 22 (Thurs)
- Day after Thanksgiving – Nov 23 (Fri)
- Christmas Day – Dec 25 (Tue).
Mailing the Notice
More days have to be counted when the landlord decides to use the postal service and mail the notice to the tenant. Under the Florida Rules of Civil Procedure, five (5) more days have to be added to the period of time allowed for the tenant to respond (or to pay the rent). Florida case precedent has confirmed that the civil procedure 5-day rule for mailing of legal notices effectively adds more time to the time required for the tenant to respond to the landlord’s notice under the FRLTA. See, Investment and Income Realty, Inc. v. Bentley, 480 So. 2d 219 (Fla. 5th DCA 1985).
Failing to Include the Right Language in the Non-Payment of Rent Notice
The statute also tells the landlord what language the notice must contain, and while the landlord is not limited to these words alone, these words do have to appear in the notice.
Pursuant to Florida Statute 83.56, the notice must state “in substantially the following form”:
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 day of ___ , (year) .
(landlord’s name, address and phone number)
Note: Florida case precedent states the three-day notice demanding payment of past due rent in cash substantially complies with the statutory form although the statutory language itself does not include a cash requirement. Moskowitz v. Aslam, 575 So. 2d 1367 (Fla. 3d DCA 1991).
What Happens When the Three Day Notice Violates Florida Law?
If the landlord fails in any manner to comply with the detailed requirements of the FRLTA regarding notice to the tenant for non-payment of rent, then he may have filed an action to evict that tenant from their home.
But if the tenant can show that the notice fails the requirements of the FRLTA, then the landlord’s eviction case can be halted. It is not dismissed.
Under Florida Statute 83.601(a), when the tenant demonstrates the landlord’s failure to obey the law regarding proper notice, then the eviction action is put on hold. In legalese, the lawsuit is “stayed.”
The tenant can remain in the home and the landlord has to start the process again. He has to send an “amended notice,” which is correct and follows the tenets of the FRLTA.
This corrected notice is filed with the court clerk as well as served upon the tenant. How long does the landlord have to do this? It will depend upon the local judge who is presiding over the case. It is up to the court’s “discretion” since that time frame isn’t defined in the Act.
Judges will usually hold that this time period must be a reasonable amount of time that would allow the tenant to reinstate the tenancy and remove the default. That means paying the back rent or otherwise complying with the defaulting terms of the lease.
Burden for Tenant: You Have to Pay the Rent Money to the Court When You Fight the Landlord
There is an important consideration here for all Florida tenants. If the renter wants to fight the eviction, and he has a valid defense based upon defective notice, he cannot assert that defense without showing the judge that the rent is there to be paid.
The rationale under Florida law is that the tenant cannot get a windfall of free rent or living in the place for free because the landlord failed to meet the detailed requirements of the notice provisions of the FRLTA.
This doesn’t mean that the tenant has to pay the money to the landlord. Under Florida Statute 83.60(2), he can pay the rent monies to the court where it is held in trust. This is called “placing the monies into the registry of the court.”
If the tenant wins his fight with the landlord, then he gets that rent money returned to him, as well as an award ordering the landlord to pay the tenant’s attorneys’ fees in defending the eviction case.
For more on defending against eviction lawsuits, read Tenant Defenses to Residential Evictions in Florida.
How a Florida Real Estate Lawyer Can Help Tenants Behind on Rent
If you are having difficulties with your rent payments and the landlord may be considering asking you to move out – or if he has given you notice to leave — then it may be helpful for you to have a tenant’s rights lawyer to help you with the problem.
If you are a victim of illegal eviction practices by your landlord, then you have rights under Florida law and established remedies that can be awarded to you. Landlords don’t always follow proper eviction procedures – and tenants who understand their legal rights may be able to win an eviction fight.
Getting help from an experienced Florida tenant lawyer is important to learn about your legal protections, including the provisions of the Florida Residential Landlord Tenant Act.
Most tenants’ rights lawyers, like Larry Tolchinsky, will offer a free initial consultation to answer your questions.
If you found this information helpful, please share this article and bookmark it for your future reference.
