What is the law regarding a 3-day eviction notice for non-payment of the balance of last month’s rent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.