Failure state the proper due date, the landlord address, or the landlord phone number render a 3 day Notice defective.
How many mistakes can you find in this notice?
Tom Tenant123 Main Street
Ft. Lauderdale FL 33301
You are to deliver up said premises on or within 3 days of receipt of this notice. You may redeem your tenancy by paying the rent in the amount of $850.00 by said time.
I hereby certify that a copy of this notice has been furnished to the above named tenant(s) on Thursday May 18, 2006 by
[ ] personal delivery
[X] posting in a conspicuous place on the premises as tenant was absent from the above named residence.
- The notice stating that the rent is due in three days from a Thursday sets the due date on a Sunday. Because Saturday and Sunday do not count as days on a 3 Day Notice, this notice only gives one legal day (Friday) and thus is defective.
- By stating “you may redeem your tenancy” the landlord is stating that this notice has already terminated your tenancy, and thus the notice constitutes an unlawful termination of tenancy.
- No landlord address.
- No landlord phone number
- No address is provided for the payment of the rent or return of the keys.
Each of the above mistakes was deemed a “fatal” mistake by the court resulting in the landlord’s eviction suit being dismissed, without the tenant having to post rent in the court registry, and a money judgment for attorney’s fees being entered against the landlord. It is cheaper to hire an attorney and win the eviction then it is to not hire an attorney and loose the eviction.