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One thing to mention, this notice was for not paying the rent right? So why did he "deliver" it on the first...if rent is normally due on the first.
I didn't think of that. The truth is, he was actually here on the first, and I have proof of why. He had been receiving mail here from a lawyer and he received a notice of certified mail, so I emailed and told him, and he came to pick it up. He mentioned then that the rent hadn't come, and I told him I had mailed it on the 29th. He said "I'm not worried about it," and said he would wait until after the holidays and see what happened. Then he called me on the 6th in a frantic tither saying he was going to evict me. I called him back and he was acting absolutely crazy and said he "had no choice" because he couldn't wait 6 weeks for his money. I told him then about the 3-day notice, and he said he was "well aware of the process." He was acting so crazy, I covered myself by sending him an email confirming the conversation and what was said, stating I had mailed the rent on the 29th and the procedure I would have to go through to trace the money orders. I just feel like I needed to cover myself with proof of the conversation. He didn't reply to the email, and evidently, he filed the eviction the next day.
It's all just insane, but thanks for that catch. I'll definitely tell the lawyer about that. Although my lease does not give any grace period for rent, still, I had until midnight on the 1st to pay it, so he wouldn't have delivered the 3-day notice until the 2nd, right?
If there's no grace period in your lease and it's due on the 1st, the earliest he can post the 3 day notice is on the 2nd. The three days would be July 2, 3 and 6. (Excluding weekends) then he can file for eviction on the 7th.
If there's no grace period in your lease and it's due on the 1st, the earliest he can post the 3 day notice is on the 2nd. The three days would be July 2, 3 and 6. (Excluding weekends) then he can file for eviction on the 7th.
He did file it on the 7th, so evidently he knew that much, but he didn't serve the 3-day notice. My lease says "rent shall be considered delinquent on the 2nd day of the month," so you're absolutely right. You can't serve a 3-day notice until rent is delinquent, and it wasn't delinquent on the 1st, so that notice is invalid. Nitpicky, but might just be his undoing.
He did file it on the 7th, so evidently he knew that much, but he didn't serve the 3-day notice. My lease says "rent shall be considered delinquent on the 2nd day of the month," so you're absolutely right. You can't serve a 3-day notice until rent is delinquent, and it wasn't delinquent on the 1st, so that notice is invalid. Nitpicky, but might just be his undoing.
There's nothing "nitpicky" about it. Not only is it a defective notice but he's outright lying to the court and if you go after him he could get into a lot of trouble.
I have a voicemail from him on July 6 saying that if I did not pay the rent by 4 p.m., he would file eviction. That was when I called him and he was so nasty to me. Of course, on the voicemail, he was professional. He was using the phone instead of emailing me because he knew he had not given me that 3-day notice, and thought that if he told me on the phone, I would have no proof, but I didn't answer, so he had to leave an email. As far as I know, this does not take the place of the 3-day notice, does it? Another something I can hit him with in court, trying to contact me without it being in writing to get around the law. I know enough to know that in real estate, everything has to be in writing, which is why I sent that email confirming our phone conversation.
Also, is he being represented by an attorney? I'd assume not, but just want to be sure.
The filing was made by him, not an attorney, and I don't see an attorney's name on the paperwork. That doesn't mean he won't show up in court with one, but that would cost him more than the back rent, so I doubt it. He's really cheap.
If there's no grace period in your lease and it's due on the 1st, the earliest he can post the 3 day notice is on the 2nd. The three days would be July 2, 3 and 6. (Excluding weekends) then he can file for eviction on the 7th.
July 3 was a bank holiday. FL state government and most Florida counties were closed Friday July 3 due to official holiday. Does that change the count?
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