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
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
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
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:
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..]
2005-2017 floridarei.com. All rights reserved. The textual material in this site
is proprety of floridarei.com.
You may not copy, distribute, or use these materials except as necessary
for your personal, non-commercial use.