Understanding Eviction Notices in Florida
Landlords in Florida are legally required to serve tenants with a written eviction notice before they can file a lawsuit. The type of notice depends on the issue, such as non-payment of rent, lease violations, or ending a rental agreement.
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Types of Eviction Notices in Florida
Florida law outlines specific notice periods depending on the reason for eviction. These notices must be properly delivered before a landlord can file a court complaint.
3-Day Eviction Notice (Non-Payment of Rent)
Landlords can serve a 3-day notice to pay rent or quit if the tenant has not paid rent. Per FL Stat § 83.56(3), this gives the tenant 3 business days (excluding weekends and legal holidays) to pay or vacate.
3-Day Eviction Notice (Non-Payment)
Grants a tenant three days to pay rent before proceeding with the eviction process.
7-Day Eviction Notice (Non-Compliance)
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 7 days to fix the issue or move out. If the tenant fails to remedy the violation, the landlord may initiate eviction proceedings.
7-Day Eviction Notice (Non-Compliance)
Allows tenants seven days to fix (or “cure”) the problem.
7-Day Notice (Week-to-Week Tenancy)
Florida law requires just 7 days’ notice to end the agreement for tenants renting week-to-week.
7-Day Notice (Week-to-Week Tenancy)
Formally ends a rental agreement in seven days.
30-Day Notice (Month-to-Month and Quarter-to-Quarter)
To terminate a month-to-month or quarter-to-quarter tenancy, landlords must serve a 30-day notice before the end of the rental period, per FL Stat § 83.57(3).
30-Day Notice (Quarter-to-Quarter and Month-to-Month Tenancies)
Allows parties to terminate a month-to-month or quarter-to-quarter tenancy.
60-Day Notice (Year-to-Year Tenancy)
For annual leases without a specific end date, 60 days’ advance notice is required from either party to terminate the agreement.
60-Day Notice (Year-to-Year Tenancy)
Ends a yearly rental agreement in compliance with state laws.
How to Evict a Tenant in Florida
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 summary on how to evict a tenant:
Step 1: Send the Eviction Notice
The landlord mails or hand-delivers the eviction notice to the tenant or simply leaves it in a visible location at the rental unit if the tenant isn’t there.
Step 2: File the Complaint and Summons
The landlord must file the complaint and summons with the court clerk in the county where the rental property is located and pay any associated filing fees.
Step 3: Attend the Court Hearing
The landlord and tenant must appear in court on the assigned date. If the tenant doesn’t respond, the landlord must file a motion for a clerk’s default judgment and a nonmilitary affidavit.
Step 4: File a Motion for Judgment
The landlord then must file a motion for final default judgment and an affidavit of damages, if applicable. At this stage, the landlord should provide the judge with a final default judgment order.
Step 5: Process the Writ of Possession
The landlord must get the court clerk to sign a writ of possession before action can be taken toward evicting the tenant from the premises.
Step 6: Call the Sheriff
Check that the sheriff received the writ of possession. Once they have, you can reclaim the property after a 24-hour window.
Related Florida Court Forms
Documents landlords file with the court:
- Complaint for Eviction: Requests the tenant/s be evicted for failing to pay rent. To be filed after the non-payment eviction notice period has lapsed.
- Complaint for Eviction and Damages: Asks the court to evict tenants for failing to pay rent and to award the landlord damages for past-due rent. Filed after the non-payment eviction notice period has lapsed.
- Complaint for Eviction for Breach of Rental Agreement: Asks the court to evict tenants for reasons other than failing to pay rent. Filed after the non-compliance eviction notice period has lapsed.
Documents landlords must serve the tenant:
- Summons – Eviction Claim: The summons must be served on the tenant and the claim for Eviction. It notifies them that there is a pending court case against them.
- Summons – Damages Claim: The summons must be served on the tenant along with the claim for Damages. It notifies them that there is a pending court case against them.
Documents for landlords to finalize an eviction:
- Motion for Clerk’s Default – Residential Eviction: If the tenant doesn’t respond within 5 days, the landlord can request that the court award a judgment for eviction in the landlord’s favor.
- Motion for Clerk’s Default – Damages (Residential Eviction): If the tenant doesn’t respond within 20 days, the landlord can request that the court award a judgment for eviction and damages in the landlord’s favor.
- Motion for Default Final Judgment – Residential Eviction: This document is filed with the court after filing the Motion for Clerk’s Default – Residential Eviction and requests a final decision by a court clerk.
- Motion for Default Final Judgment – Damages (Residential Eviction): This document is filed with the court after the Motion for Clerk’s Default – Damages (Residential Eviction) and requests a final decision by a court clerk.
- Final Judgment – Eviction: This document is filed along with the Motion for Default Final Judgment – Residential Eviction and is completed by a judge.
- Final Judgment – Damages: This document is filed along with the Motion for Default Final Judgment – Damages Residential Eviction. The judge completes it and determines the amount of damages.
- Writ of Possession: This form must be provided to the court clerk after the judge has signed the Final Judgment. It’s then sent to the local sheriff’s office to be served on the tenant. The tenant is notified that they have 24 hours to vacate the property or will be forcibly removed.
- Affidavit of Damages: The landlord completes this document to detail the amount of money the tenant owes. It accompanies the Motion for Default Final Judgment.
- Nonmilitary Affidavit: This document states the tenant is not in the military. It accompanies the Motion for Clerk’s Default.
