Nonpayment eviction in Florida starts with a written demand. Getting the days or the amount wrong hands the tenant a defence.
Florida's residential landlord and tenant law requires a written demand before an eviction for nonpayment: pay the rent or deliver possession, within three days.
The counting is where most self-prepared notices fail. The three days exclude Saturdays, Sundays and legal holidays, and the day the notice is delivered is not counted. A notice that gives a deadline computed on calendar days is short, and a defended case can end with the landlord starting again weeks later.
The amount is the second failure point. The demand is for rent. Adding late fees, utilities, damages or attorney costs into the single number can make the notice defective. If those are owed, they are pursued, but not by folding them into the rent demand.
Two more habits save cases. Serve it properly and document how — the statute sets out the methods, and "I texted a photo of it" is not one of them. And do not accept a partial payment after serving without understanding what that does to the notice; accepting rent can waive it.
The larger point for anyone managing units: eviction is a procedure, and procedure rewards preparation. Landlords who lose these cases usually lose on a technical defect in the first document, not on the merits of the debt.
Self-help is separately prohibited. Changing the locks, removing doors or shutting off utilities to force a tenant out exposes the landlord to statutory damages.
This article is general information, not legal, tax or financial advice. Rules change and every deal is different — check your own case with a licensed professional.
Alberto Zaltzberg — Adonait · adonait.com