As a Florida landlord, the eviction process can be daunting. Having a lawyer assist you in navigating the laws and procedures of the eviction process can help you evict a non-paying tenant quickly and efficiently.
Florida Landlord-Tenant law is governed by Florida Statute Chapter 83. Pursuant to Florida law, to evict a tenant from a residential property for non-payment of rent, a proper 3-day notice is the first step and is required per Florida Statute § 83.56(3).
(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) Florida Statute § 83.56(3)
A proper Florida 3-day notice must list the tenant’s name, tenant’s address, amount the tenant owes, and date the notice was delivered to the tenant. Additionally, a proper 3-day notice must also list an address for the tenant to deliver the rent specified in the 3-day notice.
Delivery of a 3-day notice must be hand delivered or posted to the tenant’s front door. The day the notice is delivered does not count towards the 3-day notice period. Also, it is important to note that weekends and holidays do not count towards the 3-day notice period.
Knowing the steps and timelines to a Florida eviction are an integral part of the landlord eviction process. Depending on what stage of the eviction process you are in, you may need to file different documents to complete the process.
Lost Value Law, P.A. and James M. Rosenberg, Esq. are ready to assist. Call now at (954) 860-0079. Our office is in Plantation, Florida. We serve all counties in south and central Florida.
A first party diminished value claim is an owner’s claim against his own insurance provider. The sad reality today is that after an accident, it’s almost impossible to retain the car’s pre-accident value.
As a general rule, first party diminished value claims are not recognized under Florida law.
If you suffer an accident and there is no third party at-fault driver, then you probably wouldn’t be able to recover diminished value damages in your claim.
In Florida, only third party diminished value claims are recoverable.
Despite the general prohibition against first party diminished value claims in Florida, a first party claim may be allowed in a very specific situation.
For example if your vehicle is damaged as a result of the fault of a third party driver, who is uninsured, your insurance plan you may be able to recover on a diminished value claim against your uninsured motorist policy, so long as the diminished value claim could have been reasonably asserted against the third party driver and you have uninsured motor coverage under your insurance plan.
Also a damaged caused by another person may be a legitimate diminished value claim that is worth pursuing.
©by LostValue Law, P.A (888)-717-5387
First step is to prove you have lost some value that the insurance company is liable to pay. You will need to determine what types of diminished value claims you may have.
It is reasonable in most cases to presume that there is some amount of inherent diminished value by virtue of the accident appearing on your vehicle’s record.
One exception is when your car already had cosmetic and/or mechanical defects before the accident and the post-accident repairs fixed some of those defects or added enough improved value to make the car more valuable in a sale than the value without the repairs.
This would happen on vehicles where you have caused prior damage the new repairs fixed or the car is old and adding new parts makes the car more desirable.
You must understand that this exception is extremely rare.
Most cars with existing damage or are old and worn will end up being totaled by the insurance company.
After all repairs by the insurance company made, you should make sure your receipts for the work include every piece of information including what work was performed, what work was advised by the mechanic but not performed at the request of the insurance company, what parts were installed and whether they were aftermarket or OEM parts. The use of aftermarket parts or not performing every service the mechanic wanted to perform is not absolute evidence of lost value but you need this information to assess potential claims.
Last step after having this information it is to start gathering valuations on the vehicle to determine how much value is lost.
©by LostValue Law, P.A (888)-717-5387