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golani101 · May 12, 2009, 06:22 AM

I served a three day notice in south Florida that states that the deadline of delivering rent or possession is April 22 before 5pm, they move to strike for immature notice. It is a legal form that I bought and I need the case law or the law that state 5pm is legal Thenks

stevetcg · May 12, 2009, 06:28 AM

3 day pay or quit notice is an official clock to an eviction proceeding. 5 PM is considered the end of business so provided there is a full 72 hours allowed, 5pm is perfectly reasonable.

Edited to add: this is not the eviction but the legal notice that you are going to be seeking an eviction.

ScottGem · May 18, 2009, 04:56 PM

This was posted on 5/12, 20 days after the deadline. What has happened in those 20 days. According to another post from you, The sheriff should have evicted by now.

this8384 · May 19, 2009, 08:49 AM

Originally Posted by ScottGem

This was posted on 5/12, 20 days after the deadline. What has happened in those 20 days. According to another post from you, The sheriff should have evicted by now.

I don't know FL law, but WI law says the sheriff can't evict if the landlord never filed with the courts. The OP served a 3-day "pay or quit" notice, which - like steve pointed out - is not an eviction notice.

Again, always frustrating when people post once and never come back.

ScottGem · May 19, 2009, 09:09 AM

Originally Posted by this8384

I don't know FL law, but WI law says the sheriff can't evict if the landlord never filed with the courts. The OP served a 3-day "pay or quit" notice, which - like steve pointed out - is not an eviction notice.

Again, always frustrating when people post once and never come back.

In the other thread the OP described the process like this:
"after the three day notice a lawsuit will be filed against you, you have 5 days to answer, you must pay the rent due to the court register, if you failed to answer and pay the rent to the court register a default order will be issued against you by the clerk of court and a writ of possession will be entered by the judge, after that you will be served 24 hour notice by the sheriff, a day later you will be avicted and your possessions will be dumped on the street curve"

So that means the eviction should have been completed within 20 days. I think that's why he hasn't returned.

this8384 · May 19, 2009, 09:13 AM

Originally Posted by ScottGem

In the other thread the OP described the process like this:
"after the three day notice a lawsuit will be filed against you, you have 5 days to answer, you must pay the rent due to the court register, if you failed to answer and pay the rent to the court register a default order will be issued against you by the clerk of court and a writ of possession will be entered by the judge, after that you will be served 24 hour notice by the sheriff, a day later you will be avicted and your possessions will be dumped on the street curve"

So that means the eviction should have been completed within 20 days. I think that's why he hasn't returned.

Oops, didn't read the other thread :)

He posted first on 5/12, then answered on the other thread on 5/18. So now I'm wondering if s/he figured out the process, realized they served a pay-or-quit notice rather than an eviction notice, and went about it the right way..

golani101 · May 20, 2009, 09:20 PM

I have received the answer about the three day notice terminating at 5:00pm however, I need the law or case law to support the answr

this8384 · May 21, 2009, 06:30 AM

Originally Posted by golani101

i have received the answer about the three day notice terminating at 5:00pm however, i need the law or case law to support the answr

You shouldn't need any law; if you served the 3-day notice and the deadline was 4/22, then a)your tenants should have paid, b)your tenants should have vacated or c)you should have filed for eviction if neither A or B happened.

ScottGem · May 21, 2009, 06:50 AM

I don't understand why yopu think you need any law either. If you go to file for eviction the next morning, the court clerk will either accept the motion or tell you to wait another day.

But, as noted, it is now MAY 21. If the three days expired on APRIL 22, what has happened since then? Even if you were told you needed to wait another day to file, a MONTH has now gone by!

golani101 · May 21, 2009, 06:54 AM

They moved to dismiss the complaint and want me to pay attorney fees based on defected three day notice

this8384 · May 21, 2009, 06:56 AM

Originally Posted by golani101

they moved to dismiss the complaint and want me to pay attorney fees based on defected three day notice

Did you file for eviction?

ScottGem · May 21, 2009, 07:02 AM

So you challenge the motion and ask for a judge to rule on it. If the judge rules in their favor you hand them a proper three day notice before they walk out of court.

Don't you understand what's going on here? This is a delaying tactic. They are just trying to postpone the physical eviction for as long as they can to get free rent. They don't expect to win this motion because I doubt if a judge will split hairs like that. The only way I see a judge going along with this is if they are prepared to pay all arrears in full and you are refusing to accept that and let them remain.