Reply to Re: Non-Payment of Rent

Re: Non-Payment of Rent (Score: 1) by MrDan on Tuesday, March 6, 2012 @19:43

Michelle, 'DO NOT MAIL' the three day notice. If you have posted the 3-day on the door, it is crucial that you fill out the Certificate of Service at the bottom of the notice stating how you served the notice, and if personally served, to whom the notice was served. Florida law only allows you to put rent on a Three day Notice and absolutely nothing else. If you also mail the 3-Day notice then 5 days must be given for mailing time, 5 days must be allowed for the tenant to pay rent by mail and 3 business days must be given if tenant is to mail the rent payment. If notice is mailed and the tenant is to drop off the rent, the landlord must use an Eight Day Notice, 5 days are given for mailing plus the 3 business days as required by Florida Statutes, not including Saturdays, Sundays or legal holidays. So mailing a Notice to Pay Rent or Vacate is not the preferred method, as it results in delay. When Posting the 3 day notice on the door, note that the tenant must be absent. If you do not make any attempt to bang loudly on the door and ring the doorbell (if applicable), but rather pre-tape the notice and quietly affix the notice to the door, you are not serving the notice properly. Never serve a Notice to Pay Rent or Vacate by 'BOTH' mail and posting on the premises or hand delivery. While it may seem logical that this will insure that the tenant gets notice, the technicalities will render it invalid. You should review the Florida Landlord Tenant Laws as they require certain procedures to be followed correctly. Your friend is correct as to putting a set time limit on the notice. Ask your tenant if he can pay something toward the rent now.

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