Florida Eviction Notice
A Florida eviction notice is a legal document that a landlord uses to inform a tenant of a lease violation, such as non-payment of rent or non-compliance with lease terms. This notice serves as a formal demand for the tenant to either rectify the issue or vacate the property within a specified timeframe.
Florida Eviction Notice
Types of Florida Eviction Notices
Florida landlords can utilize several types of eviction notices based on the nature of the violation:
3-Day Notice to Quit
- Grounds: Nonpayment of rent.
- Details: The tenant 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: The tenant has seven calendar days to correct the violation or vacate the property. If the violation is repeated within a twelve-month period, the landlord may skip the opportunity to cure.
7-Day Notice to Vacate
- Grounds: Incurable lease violations (e.g., intentional property damage).
- Details: The tenant must vacate within seven calendar days of receiving this notice.
15-Day Notice to Vacate
- Grounds: Termination of a month-to-month lease.
- Details: The notice must be given 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
When drafting an eviction notice in Florida, landlords must ensure the following elements are included:
- Tenant Information: Full name and address of the tenant.
- Lease Violation: Clear specification of the lease violation and any balance due.
- Termination Date: The date by which the tenant must vacate.
- Landlord Signature: The notice must be printed and signed by the landlord, including their address.
- 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
Landlords in Florida can serve an eviction notice using one of the following methods:
- Hand Delivery: Delivering the notice directly to the tenant.
- Posting: Leaving a copy of the notice at the rental property if hand delivery fails.
- Mail: Sending the notice via mail, which extends the notice period by five calendar days.
Eviction Process Steps
The eviction process in Florida involves several steps:
- Send the Eviction Notice: The landlord must provide a written notice stating the reason for eviction and the notice period.
- File a Complaint and Summons: If the tenant does not respond to the notice, the landlord can file a complaint with the local court and pay associated fees.
- Attend the Court Hearing: Both the landlord and tenant must appear in court. If the tenant does not respond, the landlord can file for a clerk’s default judgment.
- Obtain a Judgment: If the court rules in favor of the landlord, a final judgment will be issued.
- Process the Writ of Possession: The landlord must obtain a writ of possession from the court, allowing the sheriff to enforce the eviction.
- Sheriff Enforcement: The sheriff will provide the tenant with 24 hours to vacate the premises after the writ is processed.
Important Legal Citations
- Nonpayment of Rent: Florida Statutes § 83.56(3)
- Lease Violations: Florida Statutes § 83.56(2)(a) and § 83.56(2)(b)
- Termination of Tenancy: Florida Statutes § 83.57
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
FAQs
A Florida eviction notice is a legal document that a landlord uses to inform a tenant of a lease violation, such as non-payment of rent or other lease breaches. It is used to notify tenants of impending legal action if they do not comply with the terms of the lease agreement or vacate the property.
In Florida, there are several types of eviction notices including the 3-Day Notice to Quit for non-payment of rent, the 7-Day Notice to Comply or Vacate for lease violations, and the 30-Day Notice to Vacate for terminating month-to-month leases. Each notice has specific requirements and timeframes for tenant compliance.
An eviction notice in Florida can be served by hand delivery to the tenant, leaving a copy at the rental property if the tenant is unavailable, or by mailing it. If mailed, the notice period is extended by five calendar days to account for delivery times.
If a tenant does not respond to an eviction notice within the specified timeframe, the landlord can file an eviction lawsuit in the local court. The tenant will then have the opportunity to present their case in court, and if the landlord prevails, they may obtain a writ of possession to remove the tenant.
In Florida, the notice periods vary by reason: a 3-Day Notice for non-payment of rent, a 7-Day Notice for lease violations, a 15-Day Notice for month-to-month leases, and a 30-Day Notice for quarterly leases. These periods must be adhered to for the eviction process to be valid.
No, a landlord cannot forcibly evict a tenant in Florida without going through the formal eviction process. Self-help evictions, such as changing locks or removing a tenant’s belongings, are illegal and can lead to legal consequences for the landlord.
A Florida eviction notice should include the tenant’s full name and address, the specific lease violation or reason for eviction, the date of termination, and the landlord’s printed name and signature. It should also note the method of delivery and the date it was served.
The eviction process in Florida can vary in duration depending on the notice period and whether the tenant responds. Typically, if the tenant does not leave by the end of the notice period, the landlord may file for eviction, which can take an additional 4 weeks or more to resolve in court.