Received Three Day Notice Florida

Three Day Notice

Have you received a Three Day Notice in Florida? Pursuant to Florida Statute 83.56(3), when a tenant fails to pay the monthly rental payment, a Landlord sends the Tenant a Three Day Notice to Pay or vacate. If the Tenant fails to pay the monthly rental payment during those three (3) days (excluding weekends and legal holidays), the Landlord may terminate the rental agreement. Once you receive the Three Day Notice, a determination must be made whether the Landlord is correct is demanding the monthly rental payment, i.e. has rent already been paid and there is an accounting error? If so, the best course of action is to communicate with the Landlord/Landlord’s agent to correct the error. If payment was not made due to maintenance issues in the Property, was a proper Seven Day Notice from Tenant to Landlord sent to the Landlord documenting and detailing the maintenance issues?

It is important to note that the Three Day Notice is a pre-requisite to the filing of an eviction action in Florida. If payment is not made within those three days, the Landlord has the legal right to terminate the rental agreement and file the eviction action. Although a valid defense may be applicable to not paying rent, that is an issue to be brought up in the eviction action.

Have you been served with a Three Day Notice? Are you a Landlord that needs a Three Day Notice to be served on your tenant? No problem. The experienced and knowledgeable Landlord Tenant attorneys at the Law Office of Ryan S. Shipp, PLLC are here for you. Call us today @ (561) 699-0399 or visit us on the web at shipplawoffice.com.

Florida Condominium Governing Documents

Florida Condominium Attorney

As a Florida Condominium Attorney, I am asked all too often what are Florida Condominium Governing Documents? Understanding your Association Governing Documents is very important, but what is also very important is knowing the hierarchy of the Association Documents and what controls if there is a conflict between the document and law.

What are Florida Condominium Declarations?
A Florida declaration is the document that establishes a community association in Florida. It is often referred to as the “constitution” or the “bible” of the community association. The Florida declaration is recorded in the public records of the county in which the association is situated.  If there is a conflict between the governing documents, then the terms of the declaration take precedence over, or “trump”, any provision in any of the other governing documents.

What are Florida Condominium Articles of Incorporation?
The Articles of Incorporation in Florida identify the association’s official name and address, describe the purpose for the association, and identify the number of directors and officers. If there is any conflict between the governing documents, then the articles of incorporation trump any provision in the bylaws or rules or regulations, but are trumped by the declaration.

What are Florida Condominium Bylaws?
The Florida community association bylaws typically contain more detailed information regarding the calling of meetings, nomination and election of directors, quorum requirements, and the powers and duties of the directors and officers in the Florida association. If there is any conflict between the governing documents, then the bylaws trump provisions in the rules or regulations, but are trumped by the declaration and articles of incorporation.

What are Florida Condominium Rules and Regulations?
Most Florida association declarations give the board of directors the power to adopt certain rules and regulations within the association. The Florida condominium rules and regulations often set forth obligations for using association facilities, and clarify restrictions set forth elsewhere in the governing documents. For example, rules and regulations may include: architectural control requirements, business use restrictions, leasing restrictions, noise and nuisance rules, parking restrictions, pet restrictions, and sign restrictions, among others. The most important point to remember here is that the rules and regulations must be reasonable, and since they are trumped by all of the other governing documents discussed above, they must not conflict with any provisions found in the governing documents.

Remember, when the governing documents or rules and regulations conflict with Florida law, Florida law prevails unless Florida law says otherwise. For condominiums, Florida Statute 718 is the law.

The Law Office of Ryan S. Shipp, PLLC and its experienced and knowledgeable team of Florida COA and HOA Attorneys are here to help. Let us assist with your Florida Associations’ General Legal Matters and Collections for Delinquent Assessments. Call us today @ (561) 699-0399. We are located in Lantana, we serve South Florida!

Florida Landlord Tenant Notice

Florida Landlord Tenant Eviction Notice
Florida Landlord Tenant Eviction Notice

Are you a Florida Landlord who is having issues with your Florida Residential Tenant? Is your Florida Tenant not paying Rent? Is their a non-monetary breach of the Florida Lease? Is it just time for your Tenant to leave?

In Florida, Landlord & Tenant – Eviction matters are governed by the laws of the State of Florida ( Florida Statutes – Chapter 83 ) and by the Florida Rules of Civil Procedure. Primarily, there are four different types of notices to be given to Florida Tenants that can result in an eviction if their is non-compliance. Each notice is very specific in what it requires and a knowledgeable Florida Landlord Tenant Attorney may advise that a combination notice may best fit your needs as a Florida Landlord. Below, we have listed four of the most common types of notices to a Florida Tenant.

You must give the Florida Tenant one of the following notices by mail, hand delivery to the Tenant or posting the notice to the Tenant’s door. Before giving your Tenant notice, it is highly recommended contacting a competent attorney before starting this process.  The Law Office of Ryan S. Shipp, PLLC is here to help!

FLORIDA 3 DAY EVICTION NOTICE TO TENANT
If a Tenant has not paid his rent, the Landlord is required to give his Tenant a Florida 3 Day Notice in writing to vacate the premises or pay the rent. After 3 full days (Excluding Saturdays, Sundays, and legal holidays) have elapsed from the date of the notice (not counting the date the notice is delivered to the Tenant), if the Tenant has not complied with the eviction notice, the Landlord then can proceed with eviction proceedings.

FLORIDA 7 DAY NOTICE (WITH CURE)
If the Landlord has a Tenant who is undesirable but the situation could be remedied within 7 days (i.e. unauthorized pets, guest, or parking, etc.), the Florida 7 Day Notice Letter with cure should be given. This notice should state the non-compliance and give the Tenant 7 days to correct the problem or to vacate the premises. The Tenant would be allowed to stay if he has complied. If the Tenant does not comply, then the Landlord can proceed for with an eviction complaint based on the notice given. If the same non-compliance recurs within a 12-month period, the Landlord may commence with eviction proceedings without giving a subsequent notice.

FLORIDA 7 NOTICE (WITHOUT CURE)
If a Tenant is undesirable with a serious non-compliance (i.e. destruction, damage or misuse of property; unreasonable disturbance, etc.), the Florida 7 Day Notice without cure could be given. This notice informs the Tenant the rental agreement is terminated and that no further rent will be accepted. It also lists the items of non-compliance. If the Tenant has not moved in 7 days, the Landlord would then file eviction proceedings.

FLORIDA 15 DAY NOTICE
If the Landlord needs possession of his property and it is not for any of the above reasons and the rent is paid on a month to month basis, the Landlord would give the Tenant a Florida 15 Day Notice to vacate the premises. This notice would state that the rental agreement is terminated and no further rent would be accepted. This notice should be given no later then 15-days prior to the rent being due. If the Tenant does not vacate, the Landlord would file his complaint for eviction. If a written lease agreement has been entered into, this section does not apply.

Do you need assistance with a Florida Landlord Tenant Eviction Notice Letter from an experienced Eviction Lawyer?  The Law Office of Ryan S. Shipp, PLLC is here to assist. Call us today @ (561) 699-0399 to set-up an appointment @ our Lantana, Florida office location.

Palm Beach County Real Estate Closings

Palm Beach County Real Estate Closings
Palm Beach County Real Estate Closings

As a Florida Real Estate Attorney, my firm has represented countless Buyers and Sellers in both Commercial and Residential Palm Beach County Real Estate Closings and transactions. Through these numerous transactions, I have been exposed to how attorneys and title companies operate and do business. Some of the exposure has been positive, while other exposure has been negative.

As a result, my team and I created Clear2Close Title & Escrow, LLC. *Clear2Close is an Attorney owned, full service title insurance agency which serves homeowners, lenders, attorneys, and real estate agents in both commercial and residential real estate transactions alike. Need a Quit-Claim Deed or a Hard Money Loan? No problem, we handle those as well.

Visit us today on the web @ Clear2closefl.com. We can also be reached @ (561) 600-0448, email us @ info@clear2closefl.com or stop by our Lantana, Florida office location @ 814 W. Lantana Rd. Suite 2B, Lantana, Florida 33462.

 

*Clear2Close Title & Escrow, LLC is known for Attorney Quality Work with Title Company Fees.

Need a Real Estate Attorney in Palm Beach County? Visit The Law Office of Ryan S. Shipp, PLLC.

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Lantana Florida Title Company

Clear2Close Title & Escrow, LLC
Clear2Close Title & Escrow, LLC

Do you have a Real Estate Closing in Lantana Florida or South Florida? Are you a South Florida Broker, Real Estate Agent, Mortgage Broker, Attorney, or Lender?

Clear2Close Title & Escrow, LLC is a Lantana Florida Title Company that is owned by Real Estate Attorney Ryan S. Shipp, Esquire. Clear2Close Title prides itself on providing

Attorney Quality Work with Title Company Fees. Clear2Close Title handles both commercial and residential real estate closings as well as preparing simple quit-claim deeds and providing hard-money lending to qualifying Borrowers.

Call us @ (561) 600-0448, email us @ info@clear2closefl.com or click on the below link to be provided with a free quote to see how much it costs to close your residential or commercial real estate transaction:

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Florida 3 Day Notice

Florida 3 Day Notice
Florida 3 Day Notice

What is a Florida 3 Day Notice? In order to have your Florida Tenant removed for non-payment of rent, a Florida 3 Day Notice is required. Per Florida Statute 83.56(3), the Florida 3 Day Notice must contain a statement declaring the amount indebted to the Landlord, the address of the property and demanding payment or possession. The delivery of the written Florida 3 Day Notice is by mail, hand delivery or by posting the notice on the premises if the Tenant is not there. We always recommend taking a picture of the Florida 3 Day Notice if you’re forced to post.

This Florida 3 Day Notice is the first step before the Landlord can file its Florida eviction complaint. If the Florida 3 Day Notice does not contain the amount indebted to the Landlord for use and possession of the property or contain the property address, the Tenant will have a defense, but the Tenant must comply with Florida Statute 83.60(2).

Per 83.60(2), in an action by the Landlord for possession of a dwelling unit, if the Tenant interposes a defense other than payment, including, but not limited to, the defense of a defective Florida 3 Day Notice, the Tenant shall pay into the registry of the court the accrued rent as alleged in the complaint or as determined by the court and the rent that accrues during the pendency of the proceeding, when due.

If the Florida 3 Day Notice is defective, the Landlord must reserve/repost a valid Florida 3 Day Notice to move forward with the eviction suit.

Do you need assistance with preparing or serving a Florida 3 Day Notice? Have you been served with a Florida 3 Day Notice? The Law Office of Ryan S. Shipp, PLLC is here to help you with all of your Landlord-Tenant and Eviction needs. Call us today @ (561) 699-0399 to set-up an appointment to visit our Lantana, Florida office location.

 
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