Tallahassee, FL asked in Landlord - Tenant for Florida

Q: Can a notice of eviction be filed on the third day of a three-day notice or after the third day of a three-day notice

For example, if you received a three-day notice on a Tuesday, then the third day of the three-day notice would be Friday. So, can your landlord file for a notice of eviction on Friday, or must they file for eviction after Friday.

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2 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: The day you are served the 3 day notice is day zero. Saturdays, Sundays, and holidays are not counted. So lets say the LL posts the eviction notice on Thursday. Day 1 is Friday. Day 2 is Monday. Day 3 is Tuesday. If you have not vacated the space or paid the rent by close of business on Tuesday, the LL can file on Wednesday morning, Day 4.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Yes, in your hypothetical question, you would be able to file in court on Friday.

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