[fl.resident]

I live in Florida. I am not behind on any rent, but I was late for the month of Oct. 2010 and I will be late on paying my rent for Nov. 2010. I have been living at this residence for almost a year and a half. Can my landlord file a 3 day notice to me for an eviction?

[smoothy]

You say you are not behind and say you were late last month and will be late this month... Being this is already November 12, and most rent is due on the first of the month you are more than a little late NOW.

Certainly the landlord can serve you a 3 day notice. But its actually a 3 day pay or quit notice you got... the notice to evict is typically 30 days for you to vacate the property before the landlord is able to have you removed after they have filed and been granted the actual eviction.

Being repeatedly late can be considered a violation of the lease and grounds to terminate it... that is assuming you have a written lease. Most are for a year and go month to month when it expires. On a month to month they don't need to break anything, only give you 30 days written notice your month to month is being terminated and you have to leave and then file for eviction if you won't leave.