In 901 Pompano LLC vs. Person¹ the landlord was a corporation and filed the eviction without being represented by an attorney.

The court dismissed the landlord’s complaint without leave to amend because the complaint was filed by an employee of the corporation. The court reasoned that the corporation, as a fictitious entity, cannot represent itself in an eviction. The court held that corporations must be represented by legal counsel in eviction actions.

¹ 901 Pompano LLC vs. Person, 16 Fla. L. Weekly Supp. 268a (Fla. 17th Cty. Ct. Dec. 9, 2008).

Sample “3-Day Notice” form to be used in a Florida Residential Tenant Eviction

(Date)

(Tenant’s Name)

(Tenant’s Address)

3-DAY NOTICE FOR NONPAYMENT OF RENT

You are hereby notified that you are indebted to me in the sum of ( _____ ) dollars for the rent and use of the premises located at (address of leased premises, including county), Florida (zip), now occupied by you. That rent was due on (date the rent was due) and I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the ( _____ ) day of ( _____ ), (year).

(Landlord’s Name)

(Landlord’s Address)

(Landlord’s Phone Number)

CERTIFICATE OF SERVICE

I certify that a true copy of this notice has been furnished to the above-named tenant on __________, at ________  a.m. / p.m. by:

1. [ ] Delivery
2. [ ] Posting in a conspicuous place on the premises

(Issuer’s Signature)

(Issuer’s Name)

(Issuer’s Address)

If you have any questions about drafting a 3-Day Notice for your Florida rental property, please call my law office at (407) 835-8688. I offer free 3-Day Notices for Landlords with investment property in Orange & Osceola Counties.

Jaisen J. Stango, Esq.
Orlando Eviction Attorney