Prepare a complete Florida eviction notice that complies with state laws and provides the correct notice for a tenant in a rental property. Create a printable form now with our contract maker.
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Table of Contents: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.
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.
A 7-day eviction notice is normally used when a tenant has violated the terms of their lease (§ (83.56(2)(a), (§ 83.56(2)- b). 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.
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.
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 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:
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.
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:
The landlord must also take the following steps to successfully evict a tenant from a Florida rental property:
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.
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.