Ask Me Help Desk - Eviction 3 day notice

My landlord had a 3 day failure to pay rent notice served by a friend. They added a late fee to the rent on the notice, had th friend deliver it at 9:30 at night. The landlords name was forged on the notice. They also mailed the same notice after it was hand delivered. I have gotten phone calls from the landlord as late as 11 at night and had them sending neighbors to ask me to call them if I don't answer the phone (once I missed the call, since I was in the shower). We live in Florida. Are they crossing the lines with this extreme. I am not a deadbeat and have attempted to arrange with them to pay the rent next week. We have always been on time until this month when I broke my foot. It was due on the 1st and by the 5th they were serving a notice. I read somewhere that I can counter sue for harrasssment. Can anyone offer any advice??

Hello tj:

If he were a collection agent, he would be in violation of the Fair Debt Collection Practices Act. But, he's not.

He's trying to collect the rent. Yes, he's being an a$$, but from your description, in my view, it's not harassment.

A judge might disagree, however. I don't know, but if you sue your landlord over this, you'll be on the street in any case.

excon

He cannot have a friend serve you the papers he has a procidure to follow and it sounds like he is not. The papers must be filed with the courts then served by a police man. He has to give you a 30 day eviction notice for eviction.

Quote:

Originally Posted by CorrieNB

He cannot have a friend serve you the papers he has a procidure to follow and it sounds like he is not. The papers must be filed with the courts then served by a police man. He has to give you a 30 day eviction notice for eviction.

Hello Corrie:

If these documents were a complaint and summons to court, he CAN'T serve those himself. He CAN have a third party do it. It doesn't have to be a policeman.

But, these AREN'T even court documents. A 3 day notice is nothing more than a warning by a landlord to pay rent OR eviction will take place. He can deliver this notice himself or have anyone he chooses deliver it.

excon

Quote:

Originally Posted by tjmcgee

My landlord had a 3 day failure to pay rent notice served by a friend. They added a late fee to the rent on the notice, had th friend deliver it at 9:30 at night. The landlords name was forged on the notice. They also mailed the same notice after it was hand delivered. I have gotten phone calls from the landlord as late as 11 at night and had them sending neighbors to ask me to call them if I don't answer the phone (once I missed the call, since I was in the shower). We live in Florida. Are they crossing the lines with this extreme. I am not a deadbeat and have attemted to arrange with them to pay the rent next week. We have always been on time until this month when I broke my foot. It was due on the 1st and by the 5th they were serving a notice. I read somewhere that I can counter sue for harrasssment. Can anyone offer any advice????????

Wow I found it all here for you. Start reading. You will find a way through this one. Just remember some sites are for you and against you. You have more rights than you know! This is the site that has your rights on it and as far as I can tell You are completley safe. I suggest you and a witness go to your landlord with a dispute note explaining your payment options and why you disagree with the eviction. Make sure they see you have two copies as that is a little intimidating. You have to move on it FAST. But no one can come into your home like that.

Florida Landlord/Tenant Law Division of Consumer Services, DOACS

Make sure you HIT THE LINK I provided right above here.

Quote:

Originally Posted by excon

Hello Corrie:

If these documents were a complaint and summons to court, he CAN'T serve those himself. He CAN have a third party do it. It doesn't have to be a policeman.

But, these AREN'T even court documents. A 3 day notice is nothing more than a warning by a landlord to pay rent OR eviction will take place. He can deliver this notice himself or have anyone he chooses deliver it.

excon

Well I guess I can't be right ALL the time lol

And if that is not enough please look up Chapter 83 of the Florida Statutes. That should explain more about your rights, and what you can do. Hope it helps and show some respect;-) and tell us how it works out for you.

Quote:

Originally Posted by Greg Quinn

Wow I found it all here for you. Start reading. You will find a way through this one. Just remember some sites are for you and against you. You have more rights than you know! This is the site that has your rights on it and as far as I can tell You are completley safe. I suggest you and a witness go to your landlord with a dispute note explaining your payment options and why you disagree with the eviction. Make sure they see you have two copies as that is a little intimidating. You have to move on it FAST. But no one can come into your home like that.

Greg, I'm sorry, but I don't see anywhere in the information you provided where it shows that the tenant can not be evicted for not paying rent. They are not completely safe. If the rent was due on the first and the LL had a 3 day notice delivered on the 5th the LL is well within their rights to have the tenant evicted. I also don't see where anyone came into her home??

Original Poster, personally, I don't think 9:30 is too late to deliver the notice. 11pm is definitely crossing the line. I'm sorry if I sound skeptical, but I would imagine you are being contacted at these late hours and by 3rd parties because the landlord feels, for whatever reason, like you're trying to avoid him. If rent is due on the 1st it's your responsibility to contact the LL on or before the first with your full rent payment or an attempt to work out an agreement. I know there are jerk LLs out there, but after 13+ years as a LL (and having been burned many times) I cannot imagine not trying to work with a tenant who has been on time every month, has had a medical situation arise, and is attempting to make payment arrangements.

Good luck!
Karla in TX

Non-Payment of Rent
Section 83.56(3), F.S.
The landlord must serve you, the tenant, a written notice allowing three days (excluding weekends and legal holidays) for you to pay the rent or move from the premises. If you do not pay the rent or move, he/she may begin legal action to evict you.

In order for the landlord to gain payment of rent or possession of the dwelling, he/she must file suit in county court. If the court agrees with the landlord, you will be notified in writing. You then have five days (excluding weekends and legal holidays) to respond – also in writing – to the court. If you do not respond or a judgment is entered against you, the clerk of the county court will issue a “Writ of Possession” to the sheriff who will notify you that eviction will take place in 24 hours.

Section 83.57, F.S.
Termination of tenancy without a specific term - days of written notice required (prior to termination):

Weekly --------- 7 days
Monthly -------- 15 days
Quarterly ------- 30 days
Yearly ---------- 60 days

As I said you need to take action now. The trick is to read the whole thing.

Yes and that is what the landlord is doing, he served that person with a 3 day written notice to pay or quit ( similar in most states) if you ignore that warning notice, the landlord then files suit in civil court for a court ordered eviction ( that is where they sit your belonging out on the road)

Yes I also give my tennants a written notice, it is a waste of time but required, none ever move until I file in court, but court requires you notify them first.

Hello Greg:

You keep saying that he can solve it, but other than just general information, you didn't say exactly HOW. I'd be interested.

excon

Quote:

Originally Posted by Greg Quinn

Non-Payment of Rent
Section 83.56(3), F.S.
The landlord must serve you, the tenant, a written notice allowing three days (excluding weekends and legal holidays) for you to pay the rent or move from the premises. If you do not pay the rent or move, he/she may begin legal action to evict you.

This is what the landlord has done. And I imagine if the tenant doesn't get it worked out soon the landlord WILL being legal action to evict them. Or maybe they're bluffing - the notice was delivered on the 5th and it's now the 14th, so that's well past the 3 days........

Quote:

Originally Posted by Greg Quinn

Non-Payment of Rent
In order for the landlord to gain payment of rent or possession of the dwelling, he/she must file suit in county court. If the court agrees with the landlord, you will be notified in writing. You then have five days (excluding weekends and legal holidays) to respond – also in writing – to the court. If you do not respond or a judgment is entered against you, the clerk of the county court will issue a “Writ of Possession” to the sheriff who will notify you that eviction will take place in 24 hours.

As we've established, 3 day notice has been given. Now it would be up to the LL to file suit in county court. As far as the tenant responding........the original poster has not stated anything in their posts that would be worth giving to the court as a written arguement for not paying rent that the court would care 2 cents about. Injury is not an acceptable excuse, unless the landlord accepts it as such. There's a contract, the tenant is in breach of it, and the LL WILL get a judgement for eviction based on what the tenant has stated to us so far.

Quote:

Originally Posted by Greg Quinn

Non-Payment of Rent

Section 83.57, F.S.
Termination of tenancy without a specific term - days of written notice required (prior to termination):

Weekly --------- 7 days
Monthly -------- 15 days
Quarterly ------- 30 days
Yearly ---------- 60 days

This has absolutely NOTHING to do with the issue at hand. This refers to the amount of written notice that must be given by either the LL or the tenant to end the tenancy for no specific reason. Like if the lease has expired and the tenant is going month-to-month and decides they are ready to move. Or the LL decides they're going to have the tenant move out to remodel, for example. NOTHING to do with eviction for non-payment of rent.

Greg, I'm not trying to single you out and be mean or harsh, but I strongly feel that you are giving the orig. poster incorrect, misleading information that could be very detrimental to them. Just trying to make sure that the OP understands what they need to really be doing.

Original Poster, At this point you have 3 options:
1. Pay your rent.
2. Get in touch with your LL and work out a satisfactory agreement.
3. Do nothing and get evicted.

Karla in TX

Just as an aside here, I think Karla is absolutely correct. Soory Greg, but it appears the LL has acted within the law (except maybe the 11PM call).

If the notice was delivered on the 5th of Sept, then payment needed to be made by the 10th (according to the law as Greg showed). On the 11th, the landlord could start proceedings to obtain an eviction order.