Florida Landlords Given “Do-Over” For Defective 3 Day Notices

Until July 1, 2013 if the landlord filed an eviction with a defective 3 day notice, the case was subject to dismissal with prejudice.   The newly amended statutes went into effect July 1, 2013.

Current the law requires that “[t]he landlord must be given an opportunity to cure a deficiency in a notice or in the pleadings before dismissal of the action.” Fla. Stat. 83.60(1)(a).

This means that a defective complaint will be dismissed without prejudice and with leave to amend the complaint and continue the lawsuit.

DIANA MARVEZ, Appellant, v. STEVEN CANDELARIA , Appellees. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County . November 19, 2014. An Appeal from an order of dismissal in the County Court in and for Miami-Dade County.  22 Fla. L. Weekly Supp. 515b.

(PER CURIAM.) Diana Marvez filed suit to evict Steven Candelaria and Mayelin Candelaria. Subsequently, the Candelarias moved to dismiss the action. The motion to dismiss was granted with prejudice and Marvez appeals. 

As a preliminary matter, this Court observes that a dismissal with prejudice is a harsh determination that ends an action without addressing the merits. Dismissal with prejudice is especially harsh where the failure of the complaint is amenable to amendment. Wells Fargo Bank, N.A. v. Reeves, 92 So. 3d 249, 253 (Fla. 1st DCA 2012) [37 Fla. L. Weekly D1381a]. 

In the present instance, the motion to dismiss sought dismissal on the grounds that Marvez’s complaint for eviction rested upon a deficient three day notice. The motion further asserted that the wrong lease agreement had been attached to the complaint. This, contend the Candelarias, required dismissal with prejudice. 

Effective July 1, 2013, Florida law changed to require that “[t]he landlord must be given an opportunity to cure a deficiency in a notice or in the pleadings before dismissal of the action.” Fla. Stat. 83.60(1)(a). 

Based upon the foregoing, the Trial Court’s Order of Dismissal REVERSED. The cause is REMANDED to the trial court for entry of an order of dismissal without prejudice and with leave to amend pursuant to section 83.60(1)(a). The Trial Court shall assess appellate fees and costs pursuant to section 83.48, Florida Statues, to the party ultimately prevailing below. (ZABEL, SHAPIRO, LINDSEY, JJ., Concurring).


  • Anonymous

    Ok so from what I understand the landlord lost the case initially when it was dismissed with prejudice however because he won the appeal, the attorney fees were carried over to the appeal case which is still ongoing? So as of now the landlord doesn't have to pay anything (unless he loses the appeal case)?? Sorry this is hard to understand yet very relevant to me right now as I am a landlord

  • Concerned citizen

    Can you go into more detail as to who ended up paying the attorney fees when the case was originally dismissed? Or did they get waived and applied to the party which won the appeal case? Also I didn't think as a landlord which initiated a lawsuit to evict that you could appeal if you lost or it was dismissed??

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