As a landlord, you’ve likely heard conflicting advice about how to post a three day notice for nonpayment of rent. Some landlords were concerned that placing the notice face-out on a tenant’s door, where anyone passing by might see it, could lead to a lawsuit for violation of collections laws due to alleged harm to the tenant’s reputation. A recent court ruling provides clarity and reassurance on this issue.
Under Florida law, landlords are required to deliver a three day notice as the first step in an eviction process. The law allows landlords to post this notice on the door if the tenant is absent, but it doesn’t specify whether it must face in or out, or whether it needs to be placed in an envelope.
After Kelley Grant & Tanis, P.A. prevailed in a Broward County case on similar facts, another case was brought before the appellate court in KAC 2021-1, LLC vs American Homes 4 Rent Properties One, LLC where a tenant sued a landlord, claiming that posting the 3 day notice face out violated debt collection laws by allegedly “broadcasting” the tenant’s debt. The appellate court specifically cited to the ruling in our Firm’s case and dismissed the claim, explaining that posting the notice face out is allowed under Florida law and is a required step in starting an eviction process. The court also confirmed that landlords are protected from lawsuits in these situations because this action is part of a legally mandated procedure.
This decision is a win for landlords, as it reinforces your right to follow Florida’s straightforward procedures without fear of legal retaliation. So, if you need to post a three day notice for nonpayment of rent, you can do so without worrying about facing unnecessary lawsuits.