Re: Non-Payment of Rent - Landlord Forum thread

Re: Non-Payment of Rent by Fred (MN) on March 6, 2012 @16:17

What you are hearing is the beginning of a very lengthy excuse train. As a LL you have to learn to no believe anything, and I mean that quite literally. Whatever the assistance, it is of no matter to you. Your lease is between you and him, not a third party. Trust me on this and follow the guidelines right on up to and thru eviction. What he says means nothing. What he does means everything.

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Re: Non-Payment of Rent by Michelle247 (FL) on March 6, 2012 @16:28	[ Reply ]

The lease give a 5 day grace period for payment of rent, so I served the 3 Day today. Do I have to also mail it certified for it to be legal? What if I don't send it certified and the tenant claims they never received the 3 Day? I can't get to the post office in time to mail it certified today. The tenant did state in their email that they have an offer of employment letter that they can provide for me and that it's with a large national company. (???) My friend keeps insisting that the 6pm deadline is illegal and the case could be thrown out if it goes to court, even if the tenant doesn't pay....any idea? That doesn't make sense to me. Thanks.

Re: Non-Payment of Rent by Fred (MN) on March 6, 2012 @16:42	[ Reply ]

Your tenant's employment status doesn't preclude paying rent. You must move forward. Don't leave any openings that might have him believe it's OK to pay rent late. I've sent all 3-day P/Q's via certified mail - that eliminates all doubt. The more you stack things in your favor, the better off you'll be. My 3-days have never specified a time. Do you have to include that?

Re: Non-Payment of Rent by Jake on March 6, 2012 @16:45	[ Reply ]

"My friend keeps insisting that the 6pm deadline is illegal and the case could be thrown out if it goes to court, even if the tenant doesn't pay....any idea?" We already gave you the best ideas we have. Get to the post office and make the certified mailing of the 3 day pay or quit notice. Start counting the days from the mailing. Allow one day for the mailing and 3 days following that. Make sure you ask for a return receipt of the certified mail. Forget about the previous notice.

Re: Non-Payment of Rent by Anonymous on March 6, 2012 @20:28	[ Reply ]

"My friend keeps insisting that the 6pm deadline is illegal and the case could be thrown out if it goes to court, even if the tenant doesn't pay....any idea?" Do what you want, listen to who you want, and learn. Your lesson will be one you won't likely forget easily.

Re: Non-Payment of Rent by MrDan (Georgia) on March 7, 2012 @10:09	[ Reply ]

Florida Landlord Law has a State required 'NOTICE' form that must be filled out correctly. If this form is not filled out and served correctly, then the 3 DAY NOTICE is defective and subject to dismissal by the Judge. The addition of '6pm deadline' would make the notice defective as State law does not allow such requirement. You should reissue a 'proper' 3 Day Notice' as required by State law and correctly fill it out and properly served it. I will gladly post the form and instructions if you need them.