In KIRKLAND v. HAYWARD (Volusia County Case No. 2011 2018 CONS), the court found the landlord’s three-day notice fatally defective for demanding payment or return of the keys at an address outside the State of Florida.

The landlord filed an eviction action in Volusia County Court to evict a residential tenant for nonpayment of rent based upon a three-day notice issued to the tenant on Friday, April 15, 2011, which demanded payment of the past due rent or return of the keys for the leased premises by Wednesday, April 20, 2011, at a street address located in Brundidge, Alabama.

The court reasoned the landlord’s three-day notice was fatally defective, and therefore failed to terminate the Defendant’s rental agreement, for demanding payment of the rent or return of the keys at an address outside the State of Florida without providing the tenant with an additional five days to comply by mail as required by Fla. R. Civ. P. 1.090(e).

Consequently, the Judge dismissed the landlord’s complaint for eviction without leave to amend.

In Madisetty v. Walker, the court found the landlord’s three-day notice fatally defective for demanding payment or keys in in a different city, county and state than the leased premises. The court reasoned that under Rule 1.090(e) of the Florida Rules of Civil Procedure and Florida case law, when the payment address is in a different city and county than the leased premises, the notice must provide the tenant with an additional five (5) days to mail the rent or keys. Consequently, the court dismissed the landlord’s complaint for eviction without leave to amend.

In Madisetty v. Walker, the filed a residential eviction for non-payment or rent. The court found the landlord’s three-day notice fatally defective for failing to provide at least three-days notice.

Consequently, the court dismissed the landlord’s complaint for eviction without leave to amend.

In Jess v. Roberts, the landlord filed a compliant for eviction of a residential tenant for non-payment of rent. The court held issuing a proper three day notice is a condition precedent to filing a complaint for eviction. The court ruled a complaint for eviction based on a defective three day notice fails to state a cause of action.

In Jess v. Roberts, the landlord issued a three day notice under Section 83.56(3) of the Florida Statutes that demanded payment at a post office address. The court recognized that “it is physically impossible to deliver payment or keys to a post office box.” Therefore, the court ruled that under Rule 1.090(e) of the Florida Rules of Civil Procedure, the landlord was required to give the tenant an additional five days to pay the rent or vacate the premises.

In Nguyen v. Brown, the landlord filed a compliant for eviction of a residential tenant for non-payment of rent. The court held issuing a proper three day notice is a condition precedent to filing a complaint for eviction. The court also ruled a complaint for eviction based on a defective three day notice does not give the court subject matter jurisdiction over the case.

In Nguyen v. Brown, the landlord filed a compliant to evict a residential tenant for non-payment of rent. The court held the landlord’s three day notice was defective for not giving the tenant an unequivocal amount of rent to pay by a clear deadline to remain in the premises.

In Nguyen v. Brown, the landlord filed an eviction action to recover possession of residential real property pursuant to Section 83.59 of the Florida Statutes. The court held under Rule 1.090(e) of the Florida Rules of Civil Procedure the landlord’s three day notice was fatally defective for demanding payment at a post office box without providing the tenant an additional five days to mail the rent or the keys.

In Nguyen v. Brown, the landlord filed a civil action to recover possession of the leased premises pursuant to Section 83.59 of the Florida Statutes. The court held when a landlord’s three day notice is defective, a tenant is not required to deposit rent into the court registry.

In Nguyen v. Brown, the landlord filed an eviction action to recover possession of the leased premises under the Florida Residential Landlord and Tenant Act. The court dismissed complaint for eviction with prejudice because the landlord’s three day notice was fatally defective.