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I sent a 3day notice to pay/vacate (certified mail ret rcpt req).The tenants ignored the delivery notice left by mailman on 5/20

Kissimmee, FL |

Rent due on 1st but tenants always pay late. I told them many times that late fee is due if rent is not paid by 4th. I have waived the late fee 3x. This time they agreed to pay the late fee on May 8 by depositing it in my bank account. They are ignoring my calls and have not deposited the late fee. I live outside FL so I sent a certified mail, return receipt. They are ignoring this notice too. The letter is dated 5/17, delivery notice left on 5/20 and pay/vacate date on 5/24. The husband has told me that he does not care what the contract says so he does as he pleases especially because he knows I am from out of town. Is the 3 day notice considered delivered on 5/20 even if they have not claimed it or have it redelivered? What other inexpensive options do I have at this point?

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Attorney answers 1


The better way to handle these situations is to send the 3-Day Notice to someone you know near the tenants and have it hand delivered or posted on the premises. When you mail the 3-Day Notice, Florida Law requires that you add 5 more days to the time period before it is considered served. Your pay/vacate date falls 1 day short of the cummulative time period. Therefore, you most likely have a defective notice anyway. Furthermore, Florida Law is specific on the minimum language that needs to be in the Notice. A proper 3-Day Notice is a requirement in order to evict a residential tenant. Unless you have designated late fees as "rent" in your lease, the only amounts you can demand is rent in the 3-Day Notice. This does not mean you can't go after late fees in the complaint. Florida Law just states that the 3-Day Notice is for "rent" due by the tenant. My advice is to just hire a local attorney in the Kissimmee area to have this done properly. They can make sure the notice is proper and hand delivered to the premises. This way, you avoid the extra days by mailing a notice.