LANDLORD TENANT LAW (PAGE 2)

WHO MAY FILE:

ACTION FOR NONPAYMENT OF RENT:

PROPERTY MANAGERS: may file 3 day notices, complaints and default judgments for uncontested evictions for nonpayment of rent.
Note excluded actions: evictions for other than nonpayment of rent such as for breach of lease and for expiration of lease.
Also excluded are contested actions. Definition of contested actions is where a hearing is required.
Property managers are excluded from filing for damages.
Property manages must use court forms.

Property managers may file on behalf of Corporate, partnership and sole proprietorship building owners. Property managers may be corporations or partnerships themselves.

Definition of a property manager: one who is responsible for the day to day rental and management of the building. Includes corporations and real estate agents licensed under section 475 F.S. 1995. the Landlord must give the property manager written authorization to file on his behalf. a power of attorney is recommended.

The property owner is the plaintiff, the property manager must be named as agent for the plaintiff on the signature line.

Otherwise Corporate building owners must file through an attorney. Partnership building owners may possibly file through a general partner, but are advised to file through an attorney.

WHEN TO FILE: at the expiration of the three day notice. Cases filed prior to the expiration of the three day notice are VOID, and can not be amended.

3 DAY NOTICES:

Requirements:

Timing: Can not be served before the rent is due or call for payment before the expiration of three days excluding weekends and Court holidays. If the tenant tenders rent during the 3 days the landlord must accept it. If LL accepts rent after 3 day notice he has waived any claims. Must reject rent. Suggested by certified mail.

If Mailed: Add five days to response time. Note: tenant may then also be allowed to respond by mail adding another five days.

Holidays: not the numerous legal holidays but clerk or court holidays.
Summons: Clerk's holidays
3 day: Court Holidays
Note: in Broward both are the same.
Fatal flaws:
Failure to state that Weekends and Holidays are excluded in the three days
Failure to state the amount of rent due. [..cont..]