Download Florida Eviction Notice Templates [PDF]

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

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:

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:

#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

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 FAQ