3-DAY NOTICE: FAILURE TO PAY RENT
My tenant isn't paying rent. As a Landlord, what can I do?
From job loss to acts of God to unforeseen medical expenses, tenants fail to pay rent for many reasons. Although it is typical to empathize with a tenant who may be down on their luck, it is important to begin the legal process to protect your rights and real estate, and not get caught up in empty promises for payment by your tenant. After your tenant has failed to pay rent on the due date and fails to do so for another three (3) days, you as the Landlord have the right to terminate a rental agreement by issuing what is called a “3-Day Notice.”
What is a 3-Day Notice?
A 3-Day Notice is a notification to your tenant stating that they are indebted (owe you money) for the rent amount they have not paid. The 3-Day Notice gives your tenant 3 days* (*excluding Saturday, Sunday, and legal holidays) to: (1) either pay rent OR give you back possession of the property. The 3-day notice can either be delivered by hand, taped to your tenant’s door (sometimes called a “posting”), or mailed to your tenant’s address** (**if the notice is mailed, you must provide your tenant 5 days to pay the past due rent). See Florida Statute 83.56(3)-Termination of rental agreement.
What if my tenant still does not pay rent or move out after 3-Day Notice?
If your tenant does not pay the rent owed or move out within the 3-day deadline, the next step as the landlord is to hire us as your attorneys to file a lawsuit. If the Court finds in you and against the tenant, the judge will issue a Writ of Possession, which gives the tenant, twenty-four (24) hours to move out. After the twenty-four (24) hours have passed, you as the Landlord have the right to back possession of your property.
This is a broad overview of what can happen if you tenant fails to pay rent. Circumstances can vary on a number of facts including, but not limited to the terms of rental agreement, the type of property you own, and whether you chose to accept partial payment after you served the 3-Day Notice. At J. Perez Legal P.A., we have over twenty years serving landlords in Hollywood and all-over South Florida due to their tenants’ failure to pay rent; our experienced real estate attorneys fight hard to protect the rights of
landlords. Please call (954) 450-2585 today to schedule a consultation with experienced real estate attorneys.
J. Perez Legal P.A. handles a variety of cases, so call now if you have any questions related to real estate including mortgage, foreclosure, modification, etc.
From job loss to acts of God to unforeseen medical expenses, tenants fail to pay rent for many reasons. Although it is typical to empathize with a tenant who may be down on their luck, it is important to begin the legal process to protect your rights and real estate, and not get caught up in empty promises for payment by your tenant. After your tenant has failed to pay rent on the due date and fails to do so for another three (3) days, you as the Landlord have the right to terminate a rental agreement by issuing what is called a “3-Day Notice.”
What is a 3-Day Notice?
A 3-Day Notice is a notification to your tenant stating that they are indebted (owe you money) for the rent amount they have not paid. The 3-Day Notice gives your tenant 3 days* (*excluding Saturday, Sunday, and legal holidays) to: (1) either pay rent OR give you back possession of the property. The 3-day notice can either be delivered by hand, taped to your tenant’s door (sometimes called a “posting”), or mailed to your tenant’s address** (**if the notice is mailed, you must provide your tenant 5 days to pay the past due rent). See Florida Statute 83.56(3)-Termination of rental agreement.
What if my tenant still does not pay rent or move out after 3-Day Notice?
If your tenant does not pay the rent owed or move out within the 3-day deadline, the next step as the landlord is to hire us as your attorneys to file a lawsuit. If the Court finds in you and against the tenant, the judge will issue a Writ of Possession, which gives the tenant, twenty-four (24) hours to move out. After the twenty-four (24) hours have passed, you as the Landlord have the right to back possession of your property.
This is a broad overview of what can happen if you tenant fails to pay rent. Circumstances can vary on a number of facts including, but not limited to the terms of rental agreement, the type of property you own, and whether you chose to accept partial payment after you served the 3-Day Notice. At J. Perez Legal P.A., we have over twenty years serving landlords in Hollywood and all-over South Florida due to their tenants’ failure to pay rent; our experienced real estate attorneys fight hard to protect the rights of
landlords. Please call (954) 450-2585 today to schedule a consultation with experienced real estate attorneys.
J. Perez Legal P.A. handles a variety of cases, so call now if you have any questions related to real estate including mortgage, foreclosure, modification, etc.