What is a Florida Eviction Notice or Notice to Quit?
When to use a Florida Eviction Notice:
- 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.
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).
|____||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.
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.
Florida Eviction Notice FAQs
Am I allowed to evict a tenant for not paying rent in Florida?
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.
Do landlords need to write an Eviction Notice in Florida?
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:
- The tenant is habitually late to pay their rent or payments have fallen behind schedule
- The tenant sublets the property in violation of the agreement
- The tenant has caused considerable damage to the unit
- The tenant creates a nuisance or disturbs the quiet enjoyment of other renters
- The tenant is using the property for criminal activity
- The tenant gets a cat or dog and the rental contract contains a no-pets clause
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.
What should be included in a Florida Notice to Vacate?
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:
- The location and description of the property
- The renter's contact information
- For what period(s) of time the rent has gone unpaid (if appropriate)
- What lease clauses have not been upheld
- How long the notice period will last
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.
How do Florida eviction laws affect me as a rental property owner?
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.
Can I prepare a Florida Eviction Notice form online for free?
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.
How much would I typically pay for a lawyer to help me evict a tenant in Florida?
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.
How long does it take to complete the Florida eviction process from start to finish?
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:
- 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
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.
Do I need to work with a lawyer if I am evicting someone in Florida?
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 Rocket Lawyer attorney 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.
Is anything else required after drafting a Notice of Eviction/Notice to Quit in Florida?
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:
- Hire a third-party process server
- Send it by certified mail
- Deliver it personally
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.