What Happens If My Florida 3-Day Notice Is Defective?
If you are a Florida Tenant and have received a Defective 3 Day Notice, you will be able to better defend against a Florida Eviction Action filed against you. As a Florida Tenant, you have the ability file a Motion to Dismiss, Motion to Determine Rent, and/or an Answer if the Florida Eviction Action that was filed, stems from a Defective 3 Day Notice.
Florida Residential Landlords must strictly adhere to Florida Statute 83.56 when filing a Florida Eviction Action. However, we ALWAYS recommend placing monies into the Court’s registry if you file a Motion to Dismiss or an Answer to the Florida Eviction Action. It is very common for Florida Landlords to put the incorrect amount owed in a 3 Day Notice (e.g. adding unwarranted late fees, incorrect rental amounts, administrative fees, etc.), thereby making the 3 Day Notice Defective.
It is your right as a Florida Tenant to ensure that you are treated fairly and that the terms of your rental contract are strictly followed by your Landlord. While it may seem that a Florida Landlord has complete control over the Landlord/Tenant Relationship, this is not the case. As a Florida Tenant, you have rights provided for in your Lease Agreement and the protection of Florida Statutes, Chapter 83 which clearly state the rights and obligations for both the Florida Tenant and the Florida Landlord.
If you are a Residential Tenant or Commercial Tenant in the State of Florida and have received Defective 3 Day Notice, call the experienced Florida Tenant Lawyers of 954 Eviction Attorneys, PLLC at 954.323.2529 or visit us at our Coral Springs, Florida or our Lantana, Florida office locations. Allow 954 Eviction Attorneys, PLLC help protect your Tenant’s rights.