Is it considered as notice served when the notice is received by the landlord’s wife?

Full question:

I live in a rental property in Florida. I issued a notice to the landlord regarding a delay in payment and it was collected by his wife since he was out of town. He later complained of not receiving any notice indicating the delay in rent payment. Is it considered as notice served when the notice is received by the landlord’s wife?

Answer:

In Florida, the landlord should disclose in writing to the tenant, at or before the commencement of the tenancy, the name and address of the landlord or any person who is authorized to receive notices and demands on behalf of the landlord. If no such disclosures are made regarding another person who is authorized to receive notices, that notice would not be considered as served.

Fla. Stat. Ann. § 83.50 reads:

“In addition to any other disclosure required by law, the landlord, or a person authorized to enter into a rental agreement on the landlord's behalf, shall disclose in writing to the tenant, at or before the commencement of the tenancy, the name and address of the landlord or a person authorized to receive notices and demands in the landlord's behalf. The person so authorized to receive notices and demands retains authority until the tenant is notified otherwise. All notices of such names and addresses or changes thereto shall be delivered to the tenant's residence or, if specified in writing by the tenant, to any other address.”

The statute clearly indicates the requirement for the landlord to make disclosures in writing to the tenant indicating who is authorized to receive notices and demands.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Fla. Stat. § 83.53 pertains to the requirements for landlords regarding the return of security deposits. It mandates that landlords must notify tenants in writing of their intention to impose a claim on the deposit within 30 days of the tenant vacating the property. If the landlord fails to provide this notice, they may forfeit their right to retain any portion of the deposit. This law ensures that tenants are informed about any claims against their security deposit in a timely manner. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*