The Florida eviction notice is a document the landlord issues to the tenant, informing them of the reasons for eviction and the time they have to vacate the property.
In some cases, the tenant can get the option to remedy the violation they’ve committed and remain at the leased property. In some other cases, the landlord can issue the eviction notice without a specific reason as long as they deliver the appropriate notice.
In any situation, the landlord must issue the eviction notice to the tenant before initiating any other eviction-related action against the tenant. Without doing so, the landlord can be held responsible for the illegal eviction.
Types of Eviction Notices in Florida
Depending on the type of lease and the reasons for eviction, there is a different type of eviction notice that should be used.
Notice to Pay Rent or Quit
If the tenant is late with their rent payment, the landlord must issue a 3-day notice to them to pay the due rent or leave the property. If the tenant doesn’t pay after the three-day period and doesn’t leave the property, the landlord can move on and file an eviction lawsuit.
Notice for Non-Compliance
The landlord can evict the tenant if they violate the lease agreement or the landlord-tenant law. They must give them at least 7 days to vacate the property. If the violation is minor (unauthorized pet, violation of the smoking policy), the landlord can give the tenant the option to remedy the violation and remain at the property.
Month-to-Month Lease Termination Notice
If there is no set term for the tenancy and the tenant resides on a month-to-month basis, the landlord can terminate the lease at any moment. However, the landlord must give the tenant a minimum of 15 days advance notice to vacate the property.
Eviction Laws and Requirements in Florida
Laws & Requirements
Rent payment grace period. Not defined by the state statutes. As specified in the lease agreement.
Non-payment of rent. 3-day notice. (§ 83.56(3))
Non-compliance. 7-day notice. (§ 83.56(2)(a) & § 83.56(2)(b))
Termination of periodic lease (§ 83.57(3)):
Year-to-year lease. 60-day notice
Month-to-month lease. 15-day notice
Week-to-week lease. 7-day notice
Intentional damage to the property. 7-day notice (§ 83.56(2)(a))
Eviction lawsuit. Forcible entry & unlawful detainer Chapter 82
When is Rent Late in Florida?
Unless the parties agree upon a specific rent due date in the lease agreement, the rent is due on the first day of each rental period. Florida state law doesn’t provide any rent payment grace period, so the rent is considered late as soon as the due date is over.
In practice, if there is no due date determined in the lease agreement, the rent would usually be due on the first day of the month, which means that the rent is late as of the second day.
Grounds for Eviction in Florida
In Florida, the landlord is allowed to start the eviction if:
Grounds for Eviction
The tenant fails to pay the rent before the due date
The tenant makes a violation of the lease agreement or the landlord-tenant law
There is no lease term determined, or if the tenant remains at the property after the term is over (tenancy at will).
The tenant uses the property for some illegal activities (drug trafficking, prostitution)
Eviction Process in Florida
The eviction process in Florida starts when the landlord issues an eviction notice to the tenant. This process usually lasts between two and three weeks, but it can take even longer, depending on the circumstances.
#1. Write a Notice
The landlord should draft the appropriate notice depending on the type of lease and reasons for eviction. The easiest way to get a professional Florida eviction notice is to download one of our templates.
Then, the landlord delivers the notice to the tenant in person or via certified mail. In either case, the landlord should have proof that the tenant received the notice.
#2. File the Complaint
If the tenant doesn’t comply with the instructions in the notice, the landlord can file a complaint with the relevant court in Florida. The landlord can use the Florida e-Filing Portal to submit their complaint without going to the court’s office.
The complaint should include the following details:
Information about the landlord and the tenant(s)
Address of the leased property
Reasons for the eviction
Information about when the eviction notice was served to the tenant
#3. Serve the Tenant
The court will then inform the tenant that the landlord filed the eviction lawsuit against them and give them the opportunity to contest the landlord’s claims. The tenant must submit their response no later than 5 days after they’ve received the summons from the court.
#4. Court Holds the Hearing
If the landlord fails to show up before the court, the court will dismiss the case. However, in case the tenant doesn’t appear before the court, the court will make a decision in the landlord's favor.
#5. Wait for Court’s Judgment
If the tenant doesn’t contest the eviction claims, the court will issue a default decision in the landlord's favor. After the court issues a judgment, they will subsequently issue the Writ of Possession.
Once the sheriff delivers the Writ of Possession to the tenant, they have 24 hours to vacate the property before the sheriff can forcefully remove the tenant from the property.
Other Eviction-Related Forms in Florida
Other Eviction-Related Forms
Complaint for eviction. The landlord can use this form when filing the eviction lawsuit if they don’t require additional damages.
Complaint for eviction and damages. This form is used when the landlord requests the eviction of the tenant and compensation for the damages.
Summons for eviction. The court forwards this document to the tenant to inform them that the landlord has filed an eviction lawsuit against them and when the court hearing is going to be held.
Summons for eviction and damages. With this form, the court informs the tenant that there is a court case against them and that the landlord requires their eviction and compensation for damages.
Writ of Possession. The court issues this document after they have issued a decision in the landlord’s favor. This document serves as a final notice to the tenant to leave the property before they are removed from it.
Eviction Information for Landlords in Florida
The landlord is not allowed to use any other methods for evicting the tenant other than the ones provided in the Florida landlord-tenant law. If the landlord uses any of the illegal methods for evicting the tenant, they might be required to pay the tenant the damages or 3 months' rent, whichever is greater.
The landlord cannot initiate the eviction as a retaliatory measure against the tenant or use any of the “self-help” measures, such as changing the locks at the property or shutting off the utilities.
Eviction Information for Tenants in Florida
When the tenant receives the eviction notice, they should be provided with the reasons for the eviction. The tenant should then check if the reasons listed in the eviction notice are legal and legitimate and see if the landlord provided them with the option to remedy the violation they’ve committed.
If the landlord initiated the eviction without providing the proper reason or after the tenant remedied the violation, the tenant could contest the eviction before the court.
How to Write an Eviction Notice in Florida
Florida Eviction Notice Checklist
Florida Eviction Notice FAQ
You can file an eviction notice when the tenant is late with their rent payment, when they commit a lease violation, or when they are renting the property on a month-to-month basis.
In Florida, the landlord must issue the eviction notice to the tenant before filing an eviction lawsuit with the county court. If they evict the tenant outside the framework provided by Florida law, they will be liable for illegal eviction and responsible for compensating the tenant for the damage.
The eviction process in Florida can last between two weeks and a few months, depending on the reasons for the eviction and the actions of the tenant. If the tenant decides to fight the eviction and go to trial, the eviction process will be significantly longer.
The 3-day eviction is legal in Florida only if the reason for the eviction is the non-payment of the rent. For other reasons, the landlord must give the tenant a longer period to vacate the property.