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Making a Florida Eviction Notice
If you own or manage rental property in the state of Florida, you can make an Eviction Notice to notify a tenant of the legal action that will be taken if they are not willing to pay their past-due rent, adhere to the terms and conditions of their rental agreement, or vacate the premises as demanded. Creating this official notice can help to put the rental arrangement back in good standing. With that in mind, in some cases, there is no resolution, and filing with the court is unavoidable. Suited for every residential property type, our Eviction Notice for Florida can be used with tenants in Tampa, Miami, Jacksonville, and in all other municipalities within the Sunshine State.
In general, yes, and you can draft a Florida Eviction Notice (more specifically referred to as a 3-Day Notice to Quit) to start the process. That said, as a result of the COVID-19 pandemic, several limitations and protections have been established for tenants who are unable to pay rent. While the federal ban on eviction was blocked by the Supreme Court, the state of Florida is able to maintain its own guidelines for evictions. Keep up with the talk to a local lawyer, if you remain unsure.
If you intend to legally evict a tenant, you must serve a Notice of Eviction as a first step. Some of the situations in which you may need to use one include:
In addition to lease violations, renters generally can be evicted by a landlord for reasons unrelated to a fault of their own. For instance, when the owner wants to move in. Please keep in mind the list presented above isn't fully exhaustive and that the permitted reasons for evicting tenants are subject to change based on your specific city. If you've got any concerns about Florida eviction laws, connect with a lawyer.
You can tap or click on the button labeled "Make document" to check out the Florida Eviction Notice sample. You usually might want to organize the following critical details for a Notice to Vacate in Florida:
Of course, if the tenants are not in the wrong, you may want to provide more details since the news could potentially come as a surprise. Using the Rocket Lawyer document tool, you have the ability to add more personalized editing, as necessary. You will need to make sure that any policies and terms mentioned in the Eviction Notice are actually present in the rental contract that was signed by all parties.
Laws often evolve over time and the actual eviction procedure can be relatively complicated for a first-timer. In certain instances, there can be varying requirements depending on why the tenant is being evicted and how long they have occupied the property. As a result, it's highly recommended that every landlord connect with an eviction attorney before delivering a Notice of Eviction to any tenant.
Florida Eviction Notice Laws: Fla. Stat. Ann. § 83.56(3)
Fortunately, you do not have to reinvent the wheel when making your document. When using the document tools on Rocket Lawyer, any property owner can draft a free Florida Eviction Notice online very easily. Your document is built section by section so you can feel confident that it contains the proper details. This route, in many cases, would be notably less time-consuming than working with your average lawyer.
If you want to understand the complete cost of eviction, you'll need to consider the court fees associated with filing the lawsuit, lawyer fees, the value of unrecovered rent payments, storage and/or cleaning fees, and lastly the money and time spent finding a replacement tenant. Luckily, you don't need to pay hundreds of dollars to get your Notice of Eviction drafted. In reality, Rocket Lawyer can offer much more protection than other eviction template providers that you might encounter elsewhere. As a Rocket Lawyer Premium member, you can get up to a 40% discount when hiring an attorney from our network.
The length of the eviction process for Florida will depend on the notice period required, as well as the total volume of proceedings occurring simultaneously. Below, you'll find an explanation of Florida notice periods:
When the pre-defined notice period is over, an eviction can take up to 4 weeks. Please note that with particular types of housing, for instance where rent is subsidized by the government, the mandated notice period is often longer.
While you can build a Notice to Quit without support, the majority of property owners who bring tenants to court have a lawyer. Getting someone to look over your document could take longer than you'd expect if you try to do it by yourself. An alternate approach could be via the On Call network. Rocket Lawyer members have the ability to request feedback from an attorney with real estate experience or get answers to additional legal questions. As a property owner or manager, you can be confident that Rocket Lawyer is here by your side.
After completing your Florida Eviction Notice using Rocket Lawyer, you will be able to retrieve it anytime and anywhere. You should feel free to engage with the document by making edits, downloading it in PDF format or as a Word document, copying it, and printing it out. You will need to sign the notice before serving it on the tenant. This Florida Eviction Notice includes a section that shows how the notice was served so that you'll have clear documentation of the delivery. There are a few methods for serving a notice:
It is important to remember that "self-help" evictions are not legal in Florida. Property owners must not padlock the entrances, turn off utilities and services, remove personal property, or otherwise harass and threaten tenants in order to make them move out. Acting lawfully leading up to and throughout the eviction proceedings will put you in the best position to remove tenants successfully under a court order.