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Delivering a Notice to Vacate in Port St. Lucie Florida: Things That Every Landlord Needs to Know
Do you have a non-paying tenant? Every landlord has experienced this and I understand your pain. But you have to know that you have some rights and delivering a notice to vacate in Port St. Lucie FL is not that difficult if you know what these are.
If your tenant refuses to pay the rent, you should serve an eviction notice and the tenant has three days to pay the rent or vacate the property, depending on what type of notice you deliver to them. We are experts in the eviction process and can help you get this legal situation behind you.
In this article, I will explain how you can properly serve an eviction notice in Port St. Lucie for non-payment of rent in accordance with the Florida state landlord-tenant statutes.
When is a Rent Due in Port St. Lucie Florida?
Generally, rent is due on the first day of every month. This includes weekends and holidays but the landlord and tenant can stipulate a different date on the lease or rental agreement. You can agree for example that the rent is due on the next business day if the due date falls on a weekend or holiday.
The lease or rental agreement gives the tenant and the landlord a lot of flexibility and it supersedes what is expressly mentioned in the Florida state statute, unless it violates the law or forces the tenant an unreasonable burden. The judges are sensitive to this and you can lose your case for eviction if he feels this has happened. You might also open yourself up for a lawsuit so I would be careful in writing in anything much beyond what is in a standard lease agreement. The agreements that are stipulated in the lease, will be binding between the two parties.
When to Serve a Notice to Vacate in Port St. Lucie Florida?
When the tenant fails to pay rent in a timely manner, the landlord can give the tenant a 3-Day Notice to Pay or Quit. This is also known as a “3 Day Notice”, “3 Day Notice to Vacate”, or “3 Day Notice to Quit” or a similarly named notice. This gives the tenant 3 days to pay the outstanding rent or vacate the property. The three days is counted from the delivery of the notice without including weekends and holidays (see Fla. Stat. Ann. § 83-56(3)). In a nutshell, if the rent is due on Thursday and the landlord served a notice to vacate on the next day Friday, the tenant has to have vacated the property or paid the rent by the end of day Wednesday, which is the third full day. The following Thursday, they will be in violation of the lease agreement and demand letter and the eviction process can be started.
NOTE: There are also 5 Day, 7 Day and 30 Day and other types of notices that can be delivered.
What Information is Included in the Eviction Letter in Port St. Lucie Florida?
In Florida, an eviction notice should include the following words taken directly from the Florida state landlord-tenant statutes (Fla. Stat. Ann. § 83-56(3)):
“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)”
Your eviction letter should at least include the following information:
- The name of the tenant(s) on the lease
- The property address
- Date of delivery
- The amount of rent for one month
- The amount of rent owed (could be more than one month)
- An ultimatum stating that you are going to pursue legal action if the tenant refuses to pay or vacate by a certain date.
Options in Delivering a Notice to Vacate
Under the Fla. Stat. Ann. § 83-56(4), you have three options in delivering a notice to vacate in Port St. Lucie Florida:
- You or any of your agents can personally deliver the notice to your tenant at the rental property. If you think personal safety is an issue, I suggest you avoid this option.
- You can send the eviction notice by registered mail, regular mail, or certified mail to the tenant. If you choose this option, it is best if you request a return receipt or tracking.
- If you attempt to deliver the notice in person and they are not at the residence, you can leave it with another resident at the property as long as they are of legal age or post the notice to vacate at a conspicuous place of the rental property like the door, or any place that the tenant can easily see when he or she arrives at the unit.
If you fail to serve the notice properly, you have to serve another notice and start the process all over again. The 3 day notice will not have its effect unless you properly serve it in any of the options provided, and the tenant did not receive it.
Tenant Options When Served with Eviction Notice Port St. Lucie Florida
When a tenant is served with an eviction notice, his response will determine how the process will proceed:
- If the tenant pays the outstanding rent within the 3-day period, the landlord cannot proceed with the eviction. This same process must be repeated in the future for every time there delinquent payment, where they have paid the rent in time from the prior occurrences.
- If the tenant moves to another place without paying the rent within 3 days, you can use the security deposit—if any—to cover for the unpaid rent. If the security deposit does not cover the entire rent owed, you can sue the tenant for the outstanding balance including charges.
- If the tenant does not pay the rent and does not vacate the place, you can file a WRIT of Possession complaint with the county court so that you can regain possession of the property.
You have to wait until you successfully win the eviction case in court and the officer of the law take possession of the property.
This can be a complicated process and if you have not done this before we recommend that you use our professional services to be assured that it will go in your favor. This way you limit abt mistakes that could be made and not have to repeat this process over again with all the expense and time associated with it.