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The courts continue to issue differing rulings on how to apply the mailing rule.  The basic premise is that five days must be added to the period of time designated for compliance when an act is required to be done by mail.  [See Investment and Income Realty, Inc. v. Bentley (citing Fla. R. Civ. P. 1.090(e)).] If the landlord issues a 3 Day Notice and provides the tenant with a PO Box  as the address to send the rent,  the tenant  would have to mail the rent and thus be entitled to the five days for mailing.

When a period of time prescribed or allowed by the Florida Rules of Civil Procedure is less than 7 days, intermediate Saturdays, Sundays, and legal holidays are excluded in the computation. Fla. R. Civ. P. 1.090(a).  The five days are thus working days, not calendar days, and thus the three day notice is now an eight working day notice [see Tangelo Park Restoration iii, vs. Berrie , (  County Court, 9th Judicial Circuit in and for Orange County, Civil Division. Case No. 2011-CC-015102-O, Division 72. November 7, 2011 19 Fla. L. Weekly Supp. 141a, Online Reference: FLWSUPP 1902TANG),    in which eviction was filed 10/3/11 on 3 day notice issued Wednesday 9/21/11 with a due date of Tuesday 9/27/11 was ruled defective, case dismissed with prejudice, costs and fees awarded to tenant.   The Tangelo court rule is that is the rent payment address requires mailing,  the deadline on the notice has to be eight business days from the day of posting.

A different ruling was previously  reached in Wayne Dickerson v. Joe Ryan England, County Court in and for Seminole County Florida, Case 05-cc-4678  11/17/05, 13 Fla. L. Weekly Supp. 205, which stated that the five days is only to be added to the deadline appearing on the notice if the landlord mails the notice to the tenant.   If the tenant has to mail the rent,  then the tenant must do that within the normal three days.   The landlord, however,  must wait five days for the mail to arrive before filing the eviction in court.

Since the courts disagree on this issue, the best practice is to try to put a physical rent payment address on the 3 day notice that is in the same county as the rental property and to arrange to have the notice posted on the door,  not mailed.  Hire a process server if you can’t  get anyone to do it for you.

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