Q: We purchased a foreclosed house, but are unsure if we need to send a 3 day notice for eviction.
We recently purchased a foreclosed property in Palm Beach County, Florida. There are squatters currently occupying the house, and we are attempting to evict them. We were issued a self service packet with forms for unlawful detainers. The forms mention nothing regarding a 3 day notice, nor do they include a 3 day notice form. Interestingly, the landlord-to-tenant version of the forms do include a 3 day notice form. Do we need to include a 3 day notice form to evict squatters if we are not the previous landlords, and the squatters do not owe us any money?
A:
No; unlawful detainer actions don't require 3-day notice as otherwise required by Florida Statute 83.56 (3). Florida Statute 82.03 provides that
"... (1) A person entitled to possession of real property, including constructive possession by a record titleholder, has a cause of action against a person who obtained possession of that real property by forcible entry, unlawful entry, or unlawful detention and may recover possession and damages. The person entitled to possession is not required to notify the prospective defendant before filing the action. …"
A: Technically if the persons in possession do not pay you rent they are not your tenants and therefore an unlawful detainer action would be the proper procedure. A three day notice is not required but they do need some notice that they need to vacate the premises. A three day notice speaks only to paying rent in 3 days and leaving. So you basically just need to give them a notice to leave so they can't say they weren't told. No time requirements involved.
A: You would not need to file a separate lawsuit for unlawful detainer. I would recommend hiring an attorney to file a motion for a writ of possession in the original foreclosure case as a 3rd party purchaser.
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