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Florida Eviction Notice basics

Eviction Notices tell your tenants that you are wanting to end the tenancy agreement and that if they do not comply you will take legal action. Notices are commonly used for nonpayment of rent or for lease violations. They can be used for cause and no cause evictions in Florida.

Use the Florida Eviction Notice document if:

  • Your tenant has failed to pay the rent.
  • Your tenant has violated any provision of the rental agreement.
  • The lease agreement has expired and the tenant has remained on the property.
  • You want to terminate a month-to-month tenancy.

Other names for this document

Termination for Failure to Pay Rent, Notice of Noncompliance, Notice to Terminate Tenancy

Florida Eviction Notices

In Florida, you can evict tenants for a variety of reasons, including no-cause reasons if you follow the proper eviction procedure. In all evictions, the first step is the delivery of an Eviction Notice.

What is needed to make an Eviction Notice?

To make a Florida Eviction Notice, submit the following information:

  • Address of the property and the landlord or property management company
  • Names of everyone listed in the lease agreement
  • Effective date of the lease, if applicable
  • Reason for the notice: failure to pay rent, lease violation, nuisance or illegal activity, ending month-to-month tenancy or ending of week-to-week tenancy
  • Rent due, if applicable
  • Lease violation, if any
  • Period to pay rent, such as three or five days

After you submit the above information the Eviction Notice will automatically generate with the required legal language. You can download the document in Word or PDF format. You can log in to your Rocket Lawyer account and edit the document at any time.

If you need a different type of property management document, see our essential landlord documents.

How do I serve an Eviction Notice?

You must deliver notices properly to support your court case should you end up in court. You can deliver the notice three different ways:

  • In person to a tenant named on the lease
  • By mail, certified mail is recommended
  • Posted to their door, take a picture to prove you left the notice

The time to pay rent starts when your tenant receives the notice, not the date you signed it. If you mail the letter add a few days to compensate for mailing time. Keep a copy of the notice for your records. You will need to bring a copy of the notice to court.

How do I file a complaint with the courts?

You simply file a complaint with the clerk of the court in the county that the rental property is located in. Once you file, you'll receive a copy of the summons and complaint. These documents will need to be delivered to your tenants so they are properly informed of the court hearing. You can leave a copy of the documents on their door and you must also mail another copy to them. You can also have a professional server deliver the notice. Once they receive the paperwork they have five days to respond.

Don't attempt to perform a "self-help" eviction

In every state, it is illegal to try to force tenants out without going through the formal eviction process. You cannot take actions such as changing locks, shutting off utilities or moving the tenant's personal belongings in an attempt to get them to move. You also cannot harass them or try to evict for discriminatory reasons. If you do not follow the legal process correctly, you could lose your eviction case and may even have to pay damages. If you are not sure what might be considered harassment or discrimination, ask a lawyer.

Florida Evictions: Tenant Rights

It is in your best interest if you can try to negotiate with your landlord outside the court system. You can attempt to make payment arrangements or ask for additional time to move. Or maybe you can ask them to agree to take a pet deposit for your unapproved pet. Once you go to court and are evicted things start to happen quickly and you will have little time to move. If you do make agreements, get those agreements in writing and stick to your side of the agreement.

How long do I have to pay rent?
In Florida, the minimum amount of time is three days excluding the day the notice is given, holidays and weekends. If the only complaint against you is that you have not paid rent, if you pay rent, the eviction process will stop. If you pay rent during the court process, you pay your rent to the court registry. Regardless of whether you pay rent or not during this time, you are liable for the rent due and can be sued for it.

Can I be evicted even if I comply?
If you are asked to fix or cure a lease violation such as you moved in a roommate without permission or a pet and you fix the situation, you will not be evicted, However, if you are asked to fix a similar lease violation again within 12 months you can be evicted even if you cure the situation.

Should I contest the eviction in court?

It depends. If you choose to contest, make sure you have a clear and winnable response to the complaints. If you lose your case, you may be liable for your landlord's legal fees in addition to your own expenses. If you do not attend the court hearing, you will automatically lose, so show up if you can. The court hearing will be your last opportunity to try to negotiate terms with your landlord.

What happens if I get evicted?
If you are evicted, try to move out your things as quickly as possible even if that means you are only able to move your important documents, medical supplies, family memories and such. If you don't move your things, your landlord can hold them until you pay and if you can't pay you may lose your belongings. Once you receive a Writ of Possession, you only have 24 hours to move. If you do not move, local law enforcement officers may forcibly remove you from the property.

For more information about basic tenant rights, see our tenant's legal help center.

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Sample Florida Eviction Notice

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