What if I Posted the 3 Day Notice on the First

[DecentHuman]

My question involves an eviction in the state of: Florida

My tenants stopped payment on October rent then skipped out on November rent.

I posted a three day notice on 11/1 at 10:30PM to pay or vacate by 11/4. I forgot to exclude Election Day, but the courthouse was open that day.

Am I alright with not excluding Election Day?

Is serving it on 11/1 rather than 11/2 a fatal flaw? Will the judge throw out this eviction if the tenant gets Legal Aid?

Thanks.

[LawResearcherMissy]

Election Day is not a Federal holiday - or, in fact, any holiday at all. It does not need to be excluded.

Where you might run into difficulty is the lateness of the hour the notice was served.

[aaron]

Have you read the statute?

* * *
3) If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement. Legal holidays for the purpose of this section shall be court-observed holidays only. The 3-day notice shall contain a statement in substantially the following form:

You are hereby notified that you are indebted to me in the sum of _____ dollars for the rent and use of the premises (address of leased premises, including county) , Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the _____ day of _____, (year) .


(landlord's name, address and phone number)

(4) The delivery of the written notices required by subsections (1), (2), and (3) shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence.
* * *

The holiday wasn't court-observed; but under the court rules, it appears that your service was not effective until Monday:

* * *
(b) Service; How Made. When service is required or permitted to be made upon a party represented by an attorney, service shall be made upon the attorney unless service upon the party is ordered by the court. Service on the attorney or party shall be made by delivering a copy or mailing it to the attorney or the party at the last known address or, if no address is known, by leaving it with the clerk of the court. Service by mail shall be complete upon mailing. Delivery of a copy within this rule shall be complete upon: (1) handing it to the attorney or to the party, (2) leaving it at the attorney’s or party’s office with a clerk or other person in charge thereof, (3) if there is no one in charge, leav* ing it in a conspicuous place therein, (4) if the office is closed or the person to be served has no office, leaving it at the person’s usual place of abode with some person of his or her family above 15 years of age and informing such person of the contents, or (5) transmit* ting it by facsimile to the attorney’s or party’s office with a cover sheet containing the sender’s name, firm, address, telephone number, and facsimile number, and the number of pages transmitted. When service is made by facsimile, a copy shall also be served by any other method permitted by this rule. Facsimile service occurs when transmission is complete. Service by delivery after 5:00 p.m. shall be deemed to have been made on the next day that is not a Saturday, Sunday, or legal holiday.
* * *