In Train 200, LLC v. Hutchins, the landlord filed an eviction action to recover possession of the leased premises under the Florida Residential Landlord and Tenant Act. The court ruled that the because the landlord’s three day notice was defective, the court was required to dismiss the complaint for eviction without leave to amend.

In Train 200, LLC v. Hutchins, the landlord filed an action for tenant removal to evict a residential tenant. The court held the tenant was not required to deposit rent into the registry of the court because the landlord’s three day notice was fatally defective on its face.

In Train 200, LLC v. Hutchins, the landlord was a business entity and filed an eviction action under Section 83.59 of the Florida Statutes. The court ruled that the landlord cannot represent itself and must be represented by an attorney.

In Train 200, LLC v. Hutchins, the landlord issued to a residential tenant a three day notice under Section 83.56(3) of the Florida Statutes. The court held the landlord’s three day notice was fatally defective for demanding payment at a post office box without allowing an additional five days for mailing. The court reasoned 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 comply.

In Smith vs. Hunt, the 3 Day Notice was given by a real estate agent and only listed the real estate agent’s name and address.

The court held that the 3 Day Notice was fatally defective because it was not given by the lessor to the tenant. Furthermore, the court held that according to the written rental agreement, the tenant was only obligated to pay rent to the lessor, not the real estate agent.  The court also stated that the real estate agent use of the phrase “indebted to me” in the 3 Day Notice was misleading because it implies that the tenant is indebted to the real estate agent, and not the lessor.  Consequently, the court dismissed the landlord’s complaint for eviction without leave to amend.

_{SHARON SMITH, Plaintiff, vs. VERONICA HUNT, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-02057}

Under Sec. 83.56(3) of the Florida Statutes, the 3 Day Notice can only demand “rent”, as defined by Sec. 83.43(6).

Accordingly, the court in GONZALEZ vs. BELL¹, held that the 3 Day Notice was fatally defective for including late fees in the amount due. The court reasoned that late fees are not rent and, therefore, may not be demanded in a 3 Day Notice unless there is a written rental agreement which specifically defines late fees as “rent” or “additional rent”. Consequently, because there was no written rental agreement categorizing late fees as “rent” or “additional rent”, the amount due for late fees should not have been included in a 3 Day Notice.

¹ EFRAIN GONZALEZ & MYRNA GONZALEZ, Plaintiffs, vs. GARY BELL & GWEN BELL, Defendants. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-07931.

Under Sec. 83.56(3) of the Florida Statutes, the Landlord can terminate the rental agreement if the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises. Courts have held that a properly issued 3 Day Notice is a condition precedent to the Landlord having the right to file an eviction.

Accordingly, the court in FORTUGNO vs. LOCHRIDGE¹, dismissed the Landlord’s complaint and did not allow the Landlord to amend the complaint with a revised 3 Day Notice because the original 3 Day Notice was fatally defective. The court reasoned that the Landlord had no right to correct the defect because without a properly issued 3 Day Notice, the Landlord never have the right to file an action for an eviction in the first place.

¹ SUSAN FORTUGNO, Plaintiff, vs. FREDRICK R. LOCHRIDGE and LORETTA FERRANI, Defendants. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-25783.

Under Sec. 83.56(3) of the Florida Statutes, the 3 Day Notice shall include the names of all of the tenants.

Accordingly, the court in FORTUGNO vs. LOCHRIDGE¹, dismissed the Landlord’s complaint because the 3 Day Notice was fatally defective for failing to include a Tenant listed on the Rental Agreement. The court reasoned that the Landlord had no right to file an action for an eviction because one of the Tenants was not served a 3 Day Notice.

¹ SUSAN FORTUGNO, Plaintiff, vs. FREDRICK R. LOCHRIDGE and LORETTA FERRANI, Defendants. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-25783.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney
Orlando, FL

Under Sec. 83.56(3) of the Florida Statutes, the 3 Day Notice can only demand “rent”, as defined by Sec. 83.43(6).

Accordingly, the court in FORTUGNO vs. LOCHRIDGE¹, held that the 3 Day Notice was fatally defective for including an amount for unpaid water bills in the amount due. The court reasoned that there was no written rental agreement categorizing the amount due for water as “rent” or “additional rent”.  Consequently, the amount due for unpaid water bills should not have been included in a 3 Day Notice.

¹ SUSAN FORTUGNO, Plaintiff, vs. FREDRICK R. LOCHRIDGE and LORETTA FERRANI, Defendants. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-25783.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney

Under Sec. 83.56(3) of the Florida Statutes, the 3 Day Notice must contain the address where the rent can be paid.

However, the court in 901 POMPANO, LLC, vs. PERSON¹, held that the 3 Day Notice was fatally defective because is listed the place for payment of the rent as being in a different county than the rental property,  yet it did not include an additional 5 days in the notice for the Tenant to mail the rent payment.

¹ 901 POMPANO, LLC, Plaintiff, vs. BRENDA PERSON, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-08891.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney