Florida Notice To Quit ?

[Javier Perez]

Hi Everyone,

So, unfortunately, I'm in a situation where I need to prepare a notice to quit. I was able to get a properly worded copy. My questions are the following if anyone can help.

 
I prefer not to go to the property for this one. The tenants are almost always home and I would prefer to avoid a face to face confrontation with them.

- Can I mail the notice to quit? Certified mail?
- If they ignore the certified mail, is it still considered served?
- Do I add the late fee on the total price of the notice to quit or do I only put the rent that is due?

Thank you in advance for any help.

[Patricia Steiner]

Here's what you need to know:

"Serving Three-Day Notices in Florida

The landlord has three options for serving the three-day notice under Fla. Stat. Ann. § 83-56(4):

1. The landlord, or an agent of the landlord, can personally give the notice to the tenant at the rental property.

2. The landlord can mail a copy of the three-day notice by regular mail, registered mail, or certified mail. If the landlord mails the notice, then it is best for the landlord needs to request a return receipt.

3. If the landlord is unable to give the notice directly to the tenant, the landlord can leave the three-day notice at the rental unit in a conspicuous place, such as taped to the front door of the rental unit.

If the landlord does not serve the notice properly, then the landlord must create a new notice and start the process over. The three-day notice will not be in effect until the landlord properly serves the tenant in one of the three ways listed above."  (End)

I would send it certified mail with signed receipt requested, as well as registered mail with proof of delivery.  Do NOT open any returned mail...you'll need to show it to the court as it was mailed to them and returned.

I would include the full amount they are in arrears in the notice as long as those late fees are disclosed in your lease.  

Hope this helps...