Legal Question in Landlord & Tenant Law in Florida
Is it legal for a landlord to file for eviction on the third day of the three day notice?
Asked on 7/07/17, 6:16 am
2 Answers from Attorneys
Barry Kaufman
The Law Office of Barry W. Kaufman
Filing a lawsuit is not the same thing as service of the lawsuit. The answer is likely yes, it is "legal" to file a lawsuit on the 3rd day of the 3 day notice. If you pay everything that's owed or surrender the property by the end of the third day, he has no suit.
Answered on 7/07/17, 6:21 am
Barry Stein
De Cardenas, Freixas, Stein & Zachary
I don't think it is proper to prematurely file that lawsuit. However, defense of the claim would require you to pay the sums due either way.
Answered on 7/07/17, 6:51 am