Free Florida Eviction Notice Forms

There isn’t a single type of Florida eviction notice. A landlord chooses which one is right for them, depending on the reason for eviction. Explore the types of Florida eviction notice templates you can use to formally kickstart the eviction process.

3-Day Eviction Notice in Florida (for Nonpayment of Rent)

Landlords can serve a 3-day notice to pay rent or quit if the tenant has overdue rent. Per FL Stat § 83.56(3), the tenant has three business days (excluding weekends and legal holidays) to pay or vacate. There is no legally mandated grace period, so the landlord can serve a 3-day eviction notice in Florida as soon as rent is overdue (unless the lease contains a grace period).

3-Day Eviction Notice (Non-Payment)

Grants a tenant three days to pay rent before proceeding with the eviction process.

7-Day Eviction Notice in Florida (for Noncompliance)

If a tenant violates the lease, such as damaging the property or causing a disturbance, landlords may issue a 7-day notice to cure or quit. Under FL Stat § 83.56(2)(b), tenants have seven days to fix the issue or move out. If the tenant fails to remedy the violation, the landlord may initiate eviction proceedings. For certain violations, such as destruction of property or crimes, the violation may be noncurable.

7-Day Eviction Notice (Non-Compliance)

Allows tenants seven days to fix (or “cure”) the problem.

Eviction lawsuits in the state are governed by FL Stat Ch. 82 and FL Stat Ch. 83 of the Florida Statutes. Here’s a step-by-step guide on how to legally evict a tenant in Florida.

Step 1 – Serve the Initial Notice

Florida law outlines specific notice periods depending on the reason for eviction. One of these notices must be properly delivered before a landlord can file a court complaint:

• 3-day notice to pay rent or quit
• 7-day notice to comply or quit
• 7-day notice to quit for non-curable lease violations
• Lease termination notice (7-day notice to vacate, 30-day notice to vacate, or 60-day notice to vacate)

As the landlord, you can deliver the Florida eviction notice form personally. You do not need to hire a special process server for this step. Per FL Stat § 83.56(4), you can personally deliver your Florida eviction notice using one of the following methods:

• Hand delivery to the tenant
• Substituted service (handing the note to a person residing at the property who’s at least 15)
• Posting the note in a conspicuous place on the property
• Emailing the notice (only if both parties explicitly consented to electronic notice in the written lease or a signed addendum)

Step 2 – File a Complaint and Summons

File a complaint and summons with the Florida court clerk where your property is located. This process officially starts the landlord-tenant eviction, which is also called a summary procedure.

Depending on the reason for eviction, how you file for eviction in Florida will look slightly different. In most cases, you will file one of the following complaint forms:

• Complaint for Eviction (Form 5): Requests that the tenant be evicted for nonpayment of rent.
• Complaint for Eviction and Damages (Form 5A): Requests that the tenant be evicted for failing to pay rent. Also lets you pursue associated monetary damages.
• Complaint for Eviction for Breach of Rental Agreement (Form 6): Asks the court to evict tenants for reasons other than failing to pay rent.

You must also file one of the following summons to go with your complaint:

• Summons (Eviction Claim – Form 7): The summons must be served on the tenant and the claim for eviction. It notifies them of a pending court case against them.
• Summons (Damage Claim – Form 8): The summons must be served on the tenant along with the claim for damages. It notifies them of a pending court case against them.

You may not serve the summons yourself. You must hire a process server or county sheriff to do it on your behalf. They will follow the delivery requirements outlined in FL Stat § 48.183. Hiring them for the job costs around $40 per summons, but it depends on the rates in your county.

Step 3 – Wait for the Tenant’s Answer

Once you file a complaint and summons, and have the process server deliver it, the tenant has five days to respond, per FL Stat § 51.011. The tenant can fill out an Answer for Residential Eviction Form (Form 1.947(b)) and deposit the disputed rent (if applicable) into the court registry. In their answer form, they should state whether they dispute the whole complaint or parts of it.

Step 4 – Use the “Default” Path (If There Is No Tenant Answer)

If the tenant doesn’t answer, you can use the “default” path to seek a default judgment from the judge. The motions you file depend on whether the case is only for eviction or for eviction and damages.

If you are seeking a default judgment for a residential eviction, you can file for these two forms:

• Motion for Clerk’s Default – Residential Eviction (Form 76): If the tenant doesn’t respond within 5 days, the landlord requests that the clerk formally note the tenant’s failure to answer, which prevents the tenant from filing a late response.
• Motion for Default Final Judgment – Residential Eviction (Form 78): This motion is filed after the Clerk’s Default. It asks the judge to enter a final order granting the landlord legal possession of the property.

If you will pursue a judgment against the tenant for damages as well, you will file these two motions:

• Motion for Clerk’s Default – Damages (Residential Eviction – Form 77): If the tenant doesn’t respond within 20 days to the claim for money, the landlord requests that the clerk note the default regarding the unpaid rent and costs.
• Motion for Default Final Judgment – Damages (Residential Eviction – Form 79): This motion is filed after the Clerk’s Default for damages. It asks the judge to review the landlord’s proof of debt and award a specific dollar amount for unpaid rent and costs.

Step 5 – Attend the Court Hearing

If the tenant does provide an answer, the parties attend a court hearing. At the hearing, they present their evidence, including copies of the lease, payment records, and personal accounts, to prove their case.

Step 6 – Secure a Final Judgment

The judge hears both sides and issues a final judgment based on their determination. They will issue one of the following forms:

• Final Judgment – Eviction (Form 66)
• Final Judgment – Damages (Form 9)

The tenant must comply with the final judgment. Otherwise, you must request a Writ of Possession (Form 11) from the county clerk. Once the county clerk issues it, you must pay a service fee to have a sheriff execute the writ. Under FL Stat § 83.62, once the sheriff notifies the tenant under the writ, they have 24 hours to vacate the property. If they still don’t comply, the sheriff can forcibly remove them.

Whether you need to initiate eviction proceedings for overdue rent or noncompliance, you can fill out yours using Legal Templates’s guided form. Customize our Florida eviction notice template as needed, then download a copy in PDF or Word format. It’ll be ready to print, and from there, you can distribute it to your tenant in accordance with Florida law.