As a condo owner in Miami, Florida, it is essential to know the legal procedures for evicting a tenant who has failed to pay rent. The process begins with the delivery of a 3-Day Notice for Nonpayment of Rent. Read on to learn how to write and deliver a 3-Day Notice for Nonpayment of Rent.
In this article, landlords will learn about the following:
How to write a 3-Day notice
Delivering the 3-day notice
Consequences of an improperly written or delivered notice
What to expect during and after delivering the 3-Day Notice
How to Write a 3-Day Notice for Nonpayment of Rent
The first step is calculating the total amount of rent owed, including any late fees that may have accrued. Next, you will need to write a notice that includes the following information:
The date of notice
The address of the rental unit
The tenant(s) full name who is on the lease
The amount of rent that is owed
The due date for the rental payment
A statement informing the tenant that they have three days to either pay rent or vacate the unit
The signature of the condo owner or their representative
Avoid doing the following when writing a 3-Day Notice:
Only include late charges or utilities, only the rent amount due.
Refrain from including the day the notice was delivered in the three days. If you delivered the notice on October 5th, the three days start on the 6th.
Do not include weekdays or court holidays.
If the tenant receives Section 8, then a copy of the 3-day notice must be mailed to the housing authority. You may handwrite the notice as long as the correct information is written in the notice. However, the best way to write a 3-day notice is to type it or use a 3-day notice template.
Click here for a 3-Day Notice template with instructions provided by Kelly & Grant, P.A.
Delivering the notice
Once the notice is written, you will need to deliver it. This can be done in three ways:
Hand-delivering the notice to the tenant
Post the 3-Day Notice on the door of the rental unit
Try to avoid mailing the notice; it will add five additional days. But if you do, using certified mail is best practice.
If you deliver the notice in person, get a signed receipt from the tenant indicating that they received it. If you post it on the door, get a dated photo or video showing proof that you did so. Most smartphones time stamp the time and date that an image was taken. If you decide to mail it, send it via certified mail. Certified mail is considered to be legal proof that delivery was made. It's good practice to keep a copy of the actual notice for your records.
Consequences of an improperly written or delivered notice
The judge can dismiss your Eviction Complaint if you fail to properly write or deliver a Three-Day Notice. Tenants may have access to free legal assistance in Florida, and they will look for holes in the notice.
Remember, this is just the first step in a long and complicated process, so it is essential to consult with an experienced attorney before moving forward. An attorney can help ensure that your rights are protected every step of the way and increase your chance of success in court.
What to expect during and after delivering the 3-Day Notice
Landlords must accept rent if the tenant submits the total amount within three days. If the tenant gives you partial rent, you may accept it but will need to repost the notice, or you may reject the partial payment.
After the 3-Day Notice Period, you may accept the payment but aren't required to accept the payment as you are during the 3-Day Notice period. After the period, you may reject it and move forward with the eviction.
Conclusion
With proper preparation and execution, delivering a 3-Day Notice for Nonpayment of Rent can be straightforward. By following these steps, you will be on your way toward regaining control of your rental property. Remember, it's always beneficial to consult with your local Clerks of Court for specific requirements based on the county in which the property is located. Or consult with a real estate lawyer when dealing with these situations.