THREE DAY NOTICE - ADVISORY

Date postedApril 6, 2020
Posted By: Robert Carroll (Member) Industry News,
Disclaimer: The information included on this page is being provided for informational purposes only and does not constitute legal advice. NCFAA members are encouraged to contact their legal counsel regarding any landlord/tenant law matters. The industry is in uncharted territory at this time and legal interpretations surrounding this topic may vary. 
 
Three-Day Notice and Executive Order 20-94
 
On April 2, Governor Ron DeSantis issued Executive Order 20-94. This order suspends evictions for nonpayment of rent in Florida for 45 days. The order also states that nothing in the executive order shall be construed as relieving an individual from their obligation to make mortgage payments or rent payments. 
 
In light of the governor's executive order prohibiting evictions for nonpayment of rent, a traditional three-day notice is not legally enforceable at this time. Therefore, it is possible that landlords who continue to serve a traditional a three-day notice while Executive Order 20-94 remains in effect could expose themselves to increased liability.
EMERGENCY THREE- DAY NOTICE ALERT
 
Click the arrow above to watch a short video on this topic from Harry Heist of the Law Offices of Heist, Weisse and Wolk P.A. A special thanks to Harry Heist for sharing his expertise with NCFAA membership.
 
 
Factors to Consider:
  • Due to the current environment and the unprecedented financial challenges posed by COVID-19, FAA encourages members to contact their local legal counsel for guidance regarding notice practices and how best to communicate with residents who are unable to pay rent at this time.
  • Management could make courtesy phone calls to check in with residents who were unable to pay rent on time rather than send a written notice.
  • If a written payment reminder is used, NCFAA members are encouraged to draft these communications in a manner that would paint the company in a positive light if the reminder were shared with the media.
  • It is also important to keep in mind that Florida's unemployment system is experiencing significant technical difficulties, which are drastically delaying a resident's ability to file and ultimately collect unemployment benefits. In light of this, the NCFAA encourages members to provide flexibility to residents who are financially impacted by COVID-19.
 
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