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.