If the contract stipulates that the occupant must pay rent as well as other charges such as triple net or CAM, the property manager should seek legal advice about whether two separate and distinct notices must be served. For example, if the landlord or property manager admits an overpayment of rent because they miscalculated and the tenant overpaid estimated rents and CAM charges, the tenant can win the illegal detainer action. This could grant the tenant the right to attorney’s fees as well. This move must be done correctly.Do you want to learn more? Visit Pensacola HOA Management
When the tenant is personally served with the three-day notice, or when a responsible individual at the place of business is personally served on the premises, the tenant is considered served. If no one is available, the landlord or property manager may stick the notice to the business’s front entry door while also submitting a copy of the three-day notice via certified mail with return receipt requested. The landlord or property manager must then prepare a ‘proof of service’ in the correct format, specifying, among other items, that the ‘three-day notice’ was served on the tenant or explaining the method of service. On the next business day after properly serving the three-day notice, a three-day waiting period begins. The three-day waiting period is extended to the next business day if the third day falls on a weekend or holiday.
The eviction process will end if the occupant pays all rent due at this time or corrects any remaining violations of the lease terms. If the tenant makes a partial payment, the landlord or property manager may allow it, but the tenant must be told that they are not waiving their right to eviction. The eviction process can proceed if the occupant has broken the lease by committing a criminal act or behaviour. The landlord or property manager may proceed with filing and serving a complaint and summons after the three-day waiting period has expired.