A Florida (FL) Eviction Notice is a document that informs a tenant they’ve violated the terms of their lease, and they’re at risk of being forced out of the property. Florida landlords are required to provide written notice to their tenant/s before they can end the lease and evict them.
Depending on the type of violation and terms of the lease, the tenant may be given a number of days to resolve the problem, such as paying late rent. However, if the tenant continues to violate the rental agreement, the landlord can begin the eviction process.
For reference, a Florida eviction notice is also known as:
- Florida Notice to Pay or Quit
- Florida Notice to Comply or Quit
- Florida Notice to Vacate
- Florida Lease Termination
Florida Eviction Notices by Type
3-Day Eviction Notice (Non-Payment): This type of eviction notice is given to a tenant who has failed to pay their rent on time. The tenant must be given three days’ notice before the landlord can proceed with the Florida eviction process. If the tenant pays rent and the landlord accepts it, eviction cannot be pursued at that time.
Landlords may send a courtesy late rent notice reminding a tenant to pay before sending the required 3-day eviction notice.
7-Day Eviction Notice (Non-Compliance): A 7-day eviction notice (non-compliance), otherwise known as a notice to quit, provides a tenant seven days to comply with the terms of the lease or get evicted.
7-Day Eviction Notice (Weekly Rent): A 7-day eviction notice is used by a landlord before ending a tenancy where rent is paid weekly.
15-Day Eviction Notice (Month-to-Month Rent): A 15-day eviction notice is used by a landlord when ending a lease agreement where rent is paid monthly.
30-Day Eviction Notice (Quarterly Rent): A 30-day eviction notice is used by a landlord before ending a tenancy where rent is paid quarterly (every three months).
60-Day Eviction Notice (Yearly Rent): A 60-day eviction notice is used by a landlord before ending a tenancy where rent is paid yearly (every twelve months).
Florida Eviction Laws and Requirements
- Laws: Florida Statutes Chapter 82 and Chapter 83
- Grace Period for Rent Payment: Specified on the lease
- Late or Non-Rent Payment Notice: 3 days 83.56(3)
- Notice of Non-Compliance: 7 days 83.56(2)(a), § 83.56(2)(b)
- Lease Termination (Month-to-Month): 15 days 83.57(3)
- Response Time After Receiving Complaint: Tenant has 5 days to respond if the complaint is for eviction only, or 20 days if the landlord is seeking damages.
What is the Eviction Process in Florida?
Eviction is a straightforward process in Florida that requires a clerk’s judgment, followed by the judge’s order, before a tenant can be removed from the rental property.
Step 1: Send the eviction notice
The landlord gives the eviction notice to the tenant by mail, hand-delivery, or by simply leaving 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 also 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 will be able to 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 along with 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 five 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 they 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.
Eviction Information for Florida Landlords and Tenants
In order to legally evict a tenant in Florida, landlords need to carefully follow the proper procedures and use the appropriate forms. The Florida Bar Association maintains a list of current forms that are ordinarily used to carry out the eviction process in Florida, which have been approved by the Florida Supreme Court.
In summary, Florida eviction notices must do the following:
- Explain the reason you are pursuing eviction
- Be based on a legally-valid reason, such as non-payment of rent or a lease violation
- Include the date the notice was created
- Include the date by which the tenant must correct the issue or voluntarily leave the property
- Be served on the tenant in the manner provided by law
If the requirements detailed above are not carefully carried out, you may have a defense to the eviction. You also have rights under Florida tenant laws. The Florida Bar Association also maintains forms that you can use to demand that your landlord complies with the terms of your lease. You can learn more about your tenant rights in Florida on the U.S. HUD website.
Additionally, it’s important to note that you have a legal right to respond and defend yourself against an eviction claim. Tenants have:
- 5 days to respond to an Eviction Claim,
- or 20 days to respond to a Damages Claim.
In a written response, a tenant can argue their defense against eviction. Retaliatory conduct by the landlord is illegal, such as using prohibited practices to evict a tenant from the property, not keeping the property in proper repair, or attempting to evict for discriminatory reasons.