Florida Eviction Notice

Types of Florida Eviction Notices

Florida landlords can utilize several types of eviction notices based on the nature of the violation:

Short-Term Notices

3-Day Notice to Quit

• Grounds: Nonpayment of rent
• Details: Tenants must pay all overdue rent or vacate the premises within three judicial days (excluding weekends and legal holidays) after receiving this notice.

7-Day Notice to Comply or Vacate

• Grounds: Curable lease violations (e.g., failure to maintain health and safety standards, interference with neighbors)
• Details: Tenants have seven calendar days to correct the violation or vacate the property. Additionally, if tenants repeat the violation within a twelve-month period, landlords may skip the opportunity to cure.

7-Day Notice to Vacate

• Grounds: Incurable lease violations (e.g., intentional property damage)
• Details: Tenants must vacate within seven calendar days of receiving this notice.

Long-Term Notices

15-Day Notice to Vacate

• Grounds: Termination of a month-to-month lease
• Details: Landlords must give notice at least fifteen calendar days before the termination date.

30-Day Notice to Vacate

• Grounds: Termination of a quarterly lease or expired lease
• Details: The non-terminating party must receive notice at least thirty calendar days before the termination date.

Legal Requirements for Eviction Notices

Required Information

When drafting eviction notices in Florida, landlords must ensure they include the following elements:

1. Tenant Information: Full name and address of the tenant
2. Lease Violation: Clear specification of the lease violation and any balance due
3. Termination Date: The date by which tenants must vacate
4. Landlord Signature: Landlords must print and sign the notice, including their address
5. Delivery Method: The date and method of delivery should be noted, along with the printed name and signature of the person delivering the notice

Serving an Eviction Notice

Acceptable Service Methods

Landlords in Florida can serve eviction notices using one of the following methods:

1. Hand Delivery: Delivering the notice directly to the tenant
2. Posting: Leaving a copy of the notice at the rental property if hand delivery fails
3. Mail: Sending the notice via mail, which extends the notice period by five calendar days

Eviction Process Steps

Step 1: Send the Eviction Notice

Landlords must provide written notices stating the reason for eviction and the notice period.

Step 2: File a Complaint and Summons

If tenants do not respond to the notice, landlords can file a complaint with the local court and pay associated fees.

Step 3: Attend the Court Hearing

Both landlords and tenants must appear in court. Additionally, if tenants do not respond, landlords can file for a clerk’s default judgment.

Step 4: Obtain a Judgment

If courts rule in favor of landlords, they will issue a final judgment.

Step 5: Process the Writ of Possession

Landlords must obtain a writ of possession from the court, allowing the sheriff to enforce the eviction.

Step 6: Sheriff Enforcement

The sheriff will provide tenants with 24 hours to vacate the premises after processing the writ.

Statutes

• Fla. Stat. § 83.201 – Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent
• Fla. Stat. § 83.46 – Rent; duration of tenancies
• Fla. Stat. § 83.47 – Prohibited provisions in rental agreements
• Fla. Stat. § 83.48 – Attorney fees
• Fla. Stat. § 83.49 – Deposit money or advance rent; duty of landlord and tenant
• Fla. Stat. § 83.51 – Landlord’s obligation to maintain premises
• Fla. Stat. § 83.53(2) – Landlord’s access to dwelling unit
• Fla. Stat. § 83.53(2b) – Landlord’s access to dwelling unit
• Fla. Stat. § 83.53(2d) – Landlord’s access to dwelling unit
• Fla. Stat. § 83.55 – Right of action for damages
• Fla. Stat. § 83.56(2) – Termination of rental agreement
• Fla. Stat. § 83.56(3) – Termination of rental agreement
• Fla. Stat. § 83.57 – Termination of tenancy without specific term
• Fla. Stat. § 83.595 – Choice of remedies upon breach or early termination by tenant
• Fla. Stat. § 83.60 – Defenses to action for rent or possession; procedure
• Fla. Stat. § 83.64 – Retaliatory conduct
• Fla. Stat. § 83.67(1) – Prohibited practices
• Fla. Stat. § 83.67(2) – Prohibited practices
• Fla. Stat. § 83.67(4) – Prohibited practices
• Fla. Stat. § 83.67(5) – Prohibited practices
• Fla. Stat. § 83.67(6) – Prohibited practices
• Fla. Stat. § 83.682 – Protection Against Retaliation for Servicemembers
• Fla. Stat. § 715.104 – Notification of former tenant of personal property remaining on premises after tenancy has terminated
• Fla. Stat. § 715.105 – Form of notice concerning abandoned property to former tenant
• Fla. Stat. § 715.106 – Form of notice concerning abandoned property to owner other than former tenant
• Fla. Stat. § 95.11 – Limitations other than for the recovery of real property (5 years)
• Fla. Stat. § 95.11– Limitations other than for the recovery of real property (4 years)
• Fla. Stat. § 68.065 – Actions to collect worthless payment instruments; attorney fees and collection costs
• Fla. Stat. § 404.056(5) – Environmental radiation standards and projects; certification of persons performing measurement or mitigation services; mandatory testing; notification on real estate documents; rules
• Fla. Stat. § 83.50 – Disclosure of landlord’s address
• Fla. Stat. § 83.52 – Tenant’s obligation to maintain dwelling unit.