Notify tenant of intent to evict in Florida: Florida Eviction Notice
What we’ll cover
What is a Florida Eviction Notice or Notice to Quit?
If you own or manage residential property in Florida, you can create a Florida Eviction Notice to notify renters of impending legal action if they do not comply with the terms of the lease agreement or leave the property when lawfully asked to do so.
With Florida Eviction Notices, you can enforce your terms, while still giving your tenant(s) time to address the issue before a specific deadline. That said, in some instances, there won't be any resolution, and going to court is inevitable.
Our Eviction Notice for Florida can be used for residential property within the Sunshine State. If rent control or local laws complicate your tenant eviction, you may want to consult a Rocket Legal Pro™.
When to use a Florida Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated a provision of the lease or rental agreement.
- Your tenant materially damaged the property.
- Your tenant is a nuisance or has caused trouble among other tenants.
- Your tenant has used the property for illegal activity.
- You wish to end a periodic tenancy (such as month-to-month).
- The lease has expired and the tenant has remained on the property.
Please note: you may never forcibly evict a tenant without going through the formal tenant eviction process.
Sample Florida Eviction Notice
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Complies with relevant laws
TERMINATION FOR FAILURE TO PAY RENTNOTICE OF NONCOMPLIANCENOTICE TO TERMINATE TENANCY
, County, Florida
YOU ARE HEREBY NOTIFIED that you are indebted to me in the sum of for the rent and use of the premises located at , , County, Florida now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the day of , .
YOU ARE HEREBY NOTIFIED that you have violated the following term(s) in your lease and/or rental agreement:
Demand is hereby made that you remedy the noncompliance, default or violation within 7 days of receipt of this notice or your lease and or rental agreement shall be deemed terminated and you shall vacate the premises upon such termination. If this same conduct or conduct of similar nature is repeated within 12 months, your tenancy is subject to termination without your being given an opportunity to cure the noncompliance, default or violation.
YOU ARE HEREBY NOTIFIED that your lease is terminated effective immediately. You shall have 7 days from the delivery of this letter to vacate the premises.
YOU ARE HEREBY NOTIFIED that the week-to-week month-to-month tenancy under which you hold the premises named above is hereby terminated. You shall have seven (7) fifteen (15) days from the date of delivery of this Notice to vacate the premises and deliver possession thereof to me.
THIS IS INTENDED AS A 3 DAY LEGAL NOTICE FOR THE PURPOSE OF TERMINATING YOUR TENANCY FOR FAILURE TO PAY RENT. THIS NOTICE IS IN ACCORDANCE WITH THE FLORIDA RESIDENTIAL LANDLORD AND TENANT ACT AND UNDER FLORIDA STATE STATUTE § 83.56(3).
THIS IS INTENDED AS A SEVEN (7) DAY LEGAL NOTICE FOR THE PURPOSE OF TERMINATING YOUR TENANCY. THIS NOTICE IS IN ACCORDANCE WITH THE FLORIDA RESIDENTIAL LANDLORD AND TENANT ACT AND UNDER FLORIDA STATE STATUTE § 83.56(2)(b).
THIS IS INTENDED AS A SEVEN (7) DAY LEGAL NOTICE FOR THE PURPOSE OF TERMINATING YOUR TENANCY. THIS NOTICE IS IN ACCORDANCE WITH THE FLORIDA RESIDENTIAL LANDLORD AND TENANT ACT AND UNDER FLORIDA STATE STATUTE § 83.56(2)(a).
THIS IS INTENDED AS A SEVEN (7) FIFTEEN (15) DAY LEGAL NOTICE FOR THE PURPOSE OF TERMINATING YOUR WEEK-TO-WEEK MONTH-TO-MONTH TENANCY. THIS NOTICE IS IN ACCORDANCE WITH THE FLORIDA RESIDENTIAL LANDLORD AND TENANT ACT UNDER FLORIDA STATE STATUTE § 83.57(3)(4).
| By: | ______________________________ |
| , , |
(check one)
| ____ | This Notice was hand delivered to the Tenant or a member of the Tenant's household over the age of 15. |
| ____ | This Notice was posted conspicuously on the premises named above. |
| ____ | This Notice was mailed to the premises named above. |
Florida Eviction Notice Checklist
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___Sign this document. This document needs to be signed by:
___Everyone gets a copy. Anyone named in the document should receive a copy of the signed document. Each tenant must receive their own copy of the eviction notice.
___Serve the document. Deliver the notice in person to the tenant, or, if the tenant is not at home, leave a copy in plain view at the property. Additionally, if the tenant is not at home, mail a copy of the notice to the tenant's address. When the document is served, check one of the lines to state whether it was hand-delivered to the tenant, mailed to the tenant, or posted at the property.
Important Details
You may never forcibly evict a tenant without going through the formal tenant eviction process.
Once you give notice to the tenant, you must wait until the notice period is over to see if the tenant does what the notice asks within the time allowed. If the tenant does not comply, you can file an eviction lawsuit in County Court to evict the tenant. If the tenant does what the notice requires (like pay past due rent in full), then you cannot file an eviction lawsuit. If the notice is not correctable, such as Notice to Terminate Tenancy, you can file an eviction lawsuit in County Court when the notice period ends.
If you end up having to file a formal eviction case, make sure you file your eviction case in the right County Court. Florida is broken up by county, and you must file your case in the correct county. You can usually figure out where to file by doing some research on your state's website.
About Eviction Notices in Florida
Learn about how to notify tenant of intent to evict in Florida
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Different types and reasons for evictions in Florida
REASON FOR EVICTION
TYPE OF NOTICE
NUMBER OF DAYS FOR NOTICE
LAWS
Nonpayment of rent
“Florida Termination for Failure to Pay Rent”
If there is a provision in the lease providing for the number of days, use that number; if no provision, 3 days’ notice.
Florida Statutes § 83.56(3)
Violation of lease or rental agreement
“Florida Notice of Noncompliance”
7 days’ notice
Florida Statutes § 83.56(2)(b)
Damage, nuisance, or illegal activity
“Florida Notice to Terminate Tenancy”
7 days’ notice
Florida Statutes § 83.56(2)(a)
Termination of yearly periodic tenancy
“Florida Notice to Terminate Tenancy”
60 days’ notice
Florida Statutes § 83.57(1)
Termination of quarterly periodic tenancy
“Florida Notice to Terminate Tenancy”
30 days’ notice
Florida Statutes § 83.57(2)
Termination of monthly periodic tenancy
“Florida Notice to Terminate Tenancy”
30 days’ notice
Florida Statutes § 83.57(3)
Termination of weekly periodic tenancy
“Florida Notice to Terminate Tenancy”
7 days’ notice
Florida Statutes § 83.57(4)
Regardless of the type of notice you need, we can help you build it. Get started now!
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Requirements, liabilities, and tenant protection for evictions in Florida
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONPAYMENT OF RENT
The landlord may end the rental agreement if the tenant doesn't pay the due rent within three days, not counting Saturdays, Sundays, and legal holidays, after the landlord delivers a demand for payment or possession. (Fla. Stat. § 83.56(3))
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONCOMPLIANCE
If the tenant doesn't comply with Fla. Stat. § 83.51 (duty to maintain the premises), violates the lease somehow, or doesn't follow the landlord's reasonable rules, the landlord must give them a notice of noncompliance. The tenant has seven days after they get this notice to fix the problem or leave the property. Whether they have the right to remedy the default depends on what the breach was. (Fla. Stat. § 83.56)
NOTICE REQUIREMENTS AND LANDLORD LIABILITY REGARDING PERSONAL PROPERTY
After the landlord takes the property back, they may dispose of any stuff left there. They won't be responsible if anything happens to the stuff once it's removed. (Fla. Stat. § 83.62)
The landlord must send a written notice to the tenant and anyone they think might be the owner of the property left behind. The date in the notice must be at least 10 days after it's hand-delivered or 15 days after it's sent by mail. (Fla. Stat. § 715.104(2))
The landlord should be careful with storing the tenant's property, but they're not responsible for any loss - unless caused by their own deliberate or negligent actions. (Fla. Stat. § 715.107)
TENANT PROTECTION REGARDING FORECLOSURES
No statute.
MORE RELEVANT LAWS
Fla. Stat. §§ 82.01 through 82.101; Fla. Stat. §§ 83.20 through 83.251; Fla. Stat. §§ 83.56 through 83.625; Fla. Stat. §§ 715.104 through 715.111.
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How to write a Florida Eviction Notice
Below is a list of details you may need when preparing a Florida Eviction Notice. Not all items will apply to every situation. Any documents related to the rental agreement, lease violation, including any late rent notices or proof of lease violation, will also be helpful.
1. Start with the rental addresses
Addresses of the rental property and landlord or property management company.
2. List all tenant names
Every tenant listed on the Lease Agreement, pays rent, or lives there must be included in the notice.
3. Include the status and date of the Lease Agreement
Whether the lease is still active or not, or if there is a lease at all.
4. Detail the reason that the notice is being served
Landlords should always refer to state laws regarding evictions to make sure they have a legally valid reason to evict a tenant. The reason for the eviction will determine the type of notice being delivered.
Review each provision in the lease or rental agreement. If you are evicting tenants for unpaid rent, determine the amount of unpaid rent, if any. If you are evicting tenants for lease violations, determine violations of the lease or rental agreement, if any. Including documentation and the original lease agreement is also a good idea.
Remember, you will need to confirm that any policies and terms referred to in the Eviction Notice are actually present in the fully executed rental contract or lease agreement.
5. Provide the number of days for the notice period
The Eviction Notice should clearly spell out how much time the tenant has to resolve the situation before further legal action is taken. Rocket Lawyer can help you determine how much notice is required for your state and situation and build the right type of Eviction Notice.
6. Attach the proof of service
When using a proof of service to document the delivery of an Eviction Notice, the serving party should sign the document at the time of delivery. In Florida, this is often called an Affidavit of Service.
Luckily, you don't need to start from scratch when making a Florida Eviction Notice with Rocket Lawyer. Just answer a few simple questions and we’ll build the right eviction notice for the situation, as well as help with next steps on how to serve your Eviction Notice.
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The eviction process in Florida: what happens after making an Eviction Notice?
Now that you have made your Florida Eviction Notice with Rocket Lawyer, you might be wondering: what now?
The next step is to serve it. You must sign the notice before serving it on the tenant(s) – and there are a few methods for serving the notice:
- Hire a third-party process server.
- Send it by certified mail.
- Deliver it personally.
Please remember that "self-help" or "DIY" evictions are illegal in Florida. Landlords shouldn't throw out belongings, shut off utilities, change the locks, or in any way attempt to intimidate tenants in an effort to force them to move. Taking the appropriate lawful actions before and throughout the eviction process is critical to removing tenants successfully under a court order.
What happens after the notice period?
If a tenant does not pay rent or move out after the notice period, the landlord can choose to file an eviction lawsuit.
What are some essentials throughout the eviction process?
As you prepare to file for an eviction, it is always a good idea to work with a lawyer. An attorney with experience in evictions can answer your questions and help make sure you follow local laws and processes. Also, outside of reviewing your Eviction Notice document, your lawyer can help you prepare and argue your case once it goes in front of a judge.
In order to assemble all of your records for your lawyer, you may want to fill out an Eviction Process Worksheet. This document provides basic information about your tenant and their violation(s) of your rental agreement. You can also attach documentation, including a copy of the lease, photographs of the damage, repair estimates, written statements of witnesses, police reports, and other records to support your case.
If you need to move forward with legal action after delivering the Eviction Notice, you will need to file your lawsuit properly with the local courts. The Florida website can tell you which documents you will need to file and what the fees might be – or you can ask a lawyer to get started and find an attorney in your state. A local lawyer with experience in evictions can help you navigate the process efficiently.
Florida Eviction Notice FAQs
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Do I need an Eviction Notice in Florida?
Generally speaking, yes, if you wish to remove a tenant from your Florida rental property, you must always provide them with a Notice of Eviction first to start the process.
Some of the most common situations in which you might need one include:
- The tenant is habitually late to pay their rent or they are behind on payments.
- The tenant has caused substantial damage.
- The tenant harasses or disturbs the quiet enjoyment of their neighbors.
- The tenant is using your property for an illegal business.
- The tenant gets a dog or cat and the rental contract forbids pets.
- The tenant sublets their unit in breach of the agreement.
Outside of these violations, a renter may also be evicted for reasons unrelated to anything they’ve done wrong – like when the property owner needs to move back in.
Please note that the list above isn't exhaustive and that the acceptable reasons for evicting a tenant may be a little different from place to place. If you've got any concerns about Florida eviction laws, reach out to a Rocket Legal Pro™.
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Do I need a lawyer if I am evicting someone in Florida?
While you can choose to make a Florida Eviction Notice without support from a lawyer, many landlords find having a lawyer available for questions and consultations extremely helpful.
A Rocket Legal Pro™ with experience in landlord-tenant matters can help you with evictions, or any other issues that may arise. A Rocket Legal+ membership provides significant discounts on Pro Services, including attorney consultations, and unlimited customizable and e-signable rental documents, at an incredibly low price.
As a property owner or manager, you can be confident that Rocket Lawyer is by your side.
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How do Florida eviction laws affect me as a rental property owner?
Laws change depending on where you (and your property) are. The notice periods in Florida, for example, might be different from the ones in other states – in fact, there might even be differences between counties and cities. All the ways the document may be served to the tenant also vary.
This is all to say that the eviction process and restrictions can be complicated to navigate, particularly when keeping in mind state-specific requirements. As a result, it is strongly recommended that every property owner connect with a lawyer when making a Notice of Eviction in Florida – or anywhere else – to any tenant.
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How do I create a Florida Eviction Notice template for free?
Don’t worry – you don’t have to make it all on your own: you can use the document tools on Rocket Lawyer to make a Florida Eviction Notice for free. All you have to do is answer a few simple questions and we will put together a customized notice for you, piece by piece, and with all the details customized to your situation. This is often much less time-consuming than other solutions.
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How is a Florida Notice to Vacate structured?
That might change a little depending on the type of Eviction Notice you may need. However, some information must always be provided. Before getting started, you might want to gather the following critical details:
- The address and description of the property.
- The renter's contact information.
- How many past due rent payments should be made (if any) to bring the tenant into compliance with the lease or rental agreement.
- Which of the lease clauses have been violated (and a copy of the Lease Agreement, in this case).
- How much time the tenant has to resolve the situation.
In the event that the tenant isn't at fault, you may want to provide more context. Further customization is permitted as well. You'll need to confirm that all of the policies and terms mentioned in the Florida Eviction Notice are present in the fully executed rental contract.
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How much might it normally cost to evict a tenant in Florida?
The cost of an eviction varies widely depending on your location and the specifics of the situation. Some things to consider are the cost of filing court documents, legal fees, the value of unrecovered payments, storage or cleaning fees, as well as the money and time spent finding a replacement tenant.
A Rocket Legal+ membership provides savings for some of these expenses, including unlimited customizable and e-signable rental documents, significant discounts on Pro Services, and ongoing support for your rental property business.
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How long does it take to complete the Florida eviction process from beginning to end?
The duration of the eviction process for Florida tenants will usually depend on the notice period required, as well as the lawsuit period if you proceed with one.
Below, you'll find a basic explanation of Florida notice periods to get you started:
- Non-payment of rent: 3-day notice.
- Non-compliance with rental agreement: 7-day notice.
- No cause: 60-day notice for a year-to-year lease; 30-day notice for a quarter-to-quarter lease; 15-day notice for a month-to-month lease; 7-day notice for a week-to-week lease.
If the tenant decides to leave before the notice period ends – which is common – the process actually becomes a lot shorter.
If that doesn’t happen, when your notice period is over, the actual eviction may take up to 4 weeks. Please note that with certain kinds of housing, for instance where rent is subsidized, the mandated notice period is often even longer.
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What are my next steps after I have made an Eviction Notice/Notice to Quit in Florida?
After making a Florida Eviction Notice, the next step is to serve it. You may read more about the eviction process in Florida and everything that follows here.
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What happens after the given notice period is over in Florida?
If a tenant does not pay rent after being given a notice, the landlord can choose to file an eviction lawsuit.
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