- Eviction Notice Types
- Florida Eviction Laws
- Florida Eviction Process
- How to Write a Notice to Quit in Florida
- Florida Eviction Notice Sample
- Florida Eviction Notice FAQs
Florida Eviction Notice
Eviction Notice Types
There are many different types of eviction notices landlords can serve tenants when the terms of a Florida lease agreement are violated in one or more ways. Landlords must provide the correct amount of days’ notice to vacate in order to comply with the legal eviction process within the state.
3-Day Eviction Notice
If a tenant doesn’t pay rent on time they can be served with a 3-day eviction notice (§ 83.56(3)). This gives them 3 business days (not including weekends or holidays) to make the rental payment or quit.
If the letter tenant subsequently pays the owed rent then the notice will no longer be valid. However, if they don’t pay for the missed installment or fail to move out of the property the landlord can file an eviction lawsuit against them.
7-Day Eviction Notice
A 7-day eviction notice is normally used when a tenant has violated the terms of their lease (§ (83.56(2)(a). Depending on the nature, frequency, and seriousness of the infraction the notice can either be conditional - giving the resident an opportunity to cure the problem - or unconditional where they must leave the property when the 7 day period has ended.
Additionally, a tenant can be served with an unconditional notice to quit if the landlord wishes to evict a tenant who has a week-to-week periodic tenancy. This informs the resident that their contract with the landlord will not be renewed and that they must leave within the next rental period.
15-Day Eviction Notice
When a landlord wants to end a tenancy that is paid for on a monthly basis they must provide 15 days’ notice of their intention to terminate the agreement. This is an unconditional notice with no rights to cure. However, if ending a fixed lease, this kind of letter to vacate can only be presented at the end of the contract or it will be deemed invalid.
30-Day Eviction Notice
A 30-day eviction notice is used when a landlord wants to end tenancy that is paid for on a quarterly basis. Like 15-day notices, it is essential to only provide this notice to vacate at the end of a lease agreement when terminating a fixed-term contract.
Florida Eviction Laws
Florida has several important eviction laws that landlords must be aware of when they want to evict a tenant. First of all, it is essential that real estate owners and managers always provide a valid reason to evict and the correct notice period for their situation.
In the state of Florida, tenants may be evicted for the following reasons:
Nonpayment of rent: 3 days’ notice (§ 83.56(3))
Lease violations: 7 days’ notice (§ 83.56(2)(b))
Termination of a lease: 15 days’ notice (§ 83.56)
The notice must be served as a written letter or form that explains the reason, date, and notice period of the eviction. This can either be hand-delivered by the landlord, placed in a visible location on the property, or sent by certified mail to the tenant.
Additionally, the landlord’s actions must also be in accordance with the terms of the lease that is in force. Therefore any grace periods for non-payment of rent or lease termination written in the contract must be respected or it will hold up the eviction process.
If tenants have either not cured the violation or left the property after the notice period has expired, the landlord may file a Forcible Entry and Unlawful Detainer case against them in court.
Florida Eviction Process
The Florida eviction process must be followed precisely to ensure that the tenant is legally removed from the property. During this time landlords must comply law and must NOT undertake any of the following actions:
Shut off utilities to the property
Forcibly remove the tenant from the rental unit
Extract the tenant’s property from the premises
Remove any fixtures or fittings such as doors or windows
Change the locks on the property
The landlord must also take the following steps to successfully evict a tenant from a Florida rental property:
Step 1: The landlord must serve the tenant with a written statement giving a legally valid reason for the eviction and the correct amount of days’ notice for them to comply.
Step 2: If the tenant does not comply with the eviction notice the landlord can file a complaint with a local court and a summons will be served.
Step 3: The tenant can make their case in court. If they do not show, then a clerk’s default judgment and non-military affidavit can be filed by the landlord.
Step 4: After the hearing, if the tenant has appeared in person to argue their case, the presiding judge can decide whether the eviction can proceed or not.
Step 5: If the judge finds in the landlord’s favor and the tenant still refuses to vacate, the owner may process a writ of possession with the court clerk.
Step 6: When the writ of possession has been processed the landlord may file the document with the county sheriff. The tenant will then have 24 hours to leave before being forcibly evicted.
How to Write a Notice to Quit in Florida
A Florida notice to quit can be created fully online using our contract maker. This provides landlords with step-by-step guidance and advice on how to fill in their eviction notice within the laws of the state and print off their own bespoke and completed legal document template.
The final eviction paperwork is applicable to serve notice of an eviction in any county in Florida including: Miami-Dade County, Broward County, Palm Beach County, Hillsborough County, Orange County, Jacksonville, Miami, and Orlando.
Alternatively, landlords can seek the services of an attorney or law office to complete the eviction forms. This, however, is a more costly approach, which can take longer to complete.
Florida Eviction Notice Sample
When you prepare your own Florida eviction notice, it can be hard to have a clear idea of what the final document will look like. If you need a little extra guidance on how your legal document will appear, simply review our eviction notice sample below.
Florida Eviction Notice FAQs
Evictions in Florida are sometimes complicated legal processes and it’s important to understand their complexities fully. Find out more about how the eviction procedure works in Florida using our FAQs below.
How to Evict Someone in the State of Florida?
Landlords must first serve tenants with a valid Florida eviction notice to inform them that they must vacate the property. If they refuse to comply with this order in the given time, landlords must then file a Forcible Entry and Unlawful Detainer case against the violating party.
How Long is the Eviction Process in Florida?
The eviction process in Florida is shorter than in many other states and can be completed in under 3 weeks if the right steps are followed and the tenant is compliant. Once an eviction notice has been served the tenant can choose to leave within the given notice period or face court action.
If a court case needs to be filed by the landlord, they will need to demonstrate that they have complied with the laws of Florida during the eviction process up to this point. A judge will then decide if they have the right to evict or not. If this judgment is made in their favor they will then be able to evict the tenant after 24 hours.
How to File an Eviction in Florida?
If a tenant doesn’t comply after being served with a legally valid Florida eviction notice it will be necessary to file a Forcible Entry and Unlawful Detainer case against them. They will need to visit their local courthouse and file the case with the clerk of the court and provide the following evidence:
A copy of the lease agreement
The eviction notice that has been served
Proof of the violation such as photographs, police reports, or receipts
Any witnessing parties to the violations