What is the law regarding a 3-day eviction notice for non-payment of the balance of last month’s rent?

I have a written lease with a tenant. I agreed to change payment dates to the 15th and 30th. However, at the end of last month last she didn’t not have the balance of the rent. Time to decide if we would continue another lease. Tenant gave me a 30 day notice not to renew the lease. Tenant has a person living with her that was not agreed upon to be on the lease. Can I serve her with a 3 day evicition notice? Do I have to serve the person she invited in? Do I have to give him a 30 day notice to vacate?

Asked on July 2, 2012 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The three (3) day notice to pay or quit notice that you have written about is done in a situation where the landlord is giving the defaulting tenant one last chance to cure the default under the presumed written lease.

This tenant has already given you written notice that she was ending her lease with you by virtue of the thirty (30) day notice that you have written about. You need not do anything else as to her except hope she is gone in the thirty (30) day time period.

If you want the "guest" of the tenant that gave you a thirty (30) day notice of the termination of the lease out of your rental, you need to serve the "guest" with a thirty (30) day notice of termination. I suggest that you consult with a landlord tenant attorney for further assistance about the matter you have written about.

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