My first eviction. Do I need a 2nd 3-day notice?

3 Replies

Greetings,

I'm about to begin my first eviction here in florida. My tenant fell about a month behind on rent, all the while telling me of his intent to pay when able to.  After I only received a partial payment I posted a 3 day notice, but he made another payment to me before the 3 day notice expired so I decide to wait a little longer to see his he would be able to get caught up, allowing me to avoid the headache of an eviction. So it's now weeks after the 3 day notice expired (the 9th) and I'd like to begin the eviction process since he's still behind. Do I need to post another 3 day notice?

Thanks. 

Yes, you have to start again. We have rentals in FL and have done an eviction, plus filed 2 others. After the 3 Day notice expires, and you don't have all your money and late fees, immediately file the eviction paperwork. Your tenant will then have to bring all the money and late fees (and court costs, if that's what your lease includes) to the court escrow if they intend to stay. If they don't, and don't answer the filing, you'll proceed with the eviction. If you do everything exactly on the days they're due, you can have the tenant out in about a month. 

The longer you wait, the more you lose.

I don't know Florida law, but in KY if you accept a partial payment you have to restart the process the next month.  So, we have to decide whether to return the payment and proceed with the eviction or to accept some of the money in hopes more will follow.  It sounds like you 1) aren't getting any more or 2) have a professional tenant on your hands who know the system.  If you get another partial payment after the next letter, I'd bet it is the latter case.  Either way, it's best to get the process restarted quickly.  Aly is right "The longer you wait, the more you lose."

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Originally posted by @Erik Hitzelberger:

I don't know Florida law, but in KY if you accept a partial payment you have to restart the process the next month.  So, we have to decide whether to return the payment and proceed with the eviction or to accept some of the money in hopes more will follow.  It sounds like you 1) aren't getting any more or 2) have a professional tenant on your hands who know the system.  If you get another partial payment after the next letter, I'd bet it is the latter case.  Either way, it's best to get the process restarted quickly.  Aly is right "The longer you wait, the more you lose."

 The payments have been made to a drop box I use to collect rents. And he has made multiple payments so I assume if he was trying to pull one over on me he would have only made 1 payment.