The Florida Eviction Notice is a legal form that serves to inform a tenant about the necessity to remove from the premises, either residential or commercial, due to his or her failure to deliver the rental payment, substantial violation commitment, or another serious case that indicates the impossibility of continuing the landlord-tenant relation. The eviction notice template contains detailed information about the premises, a type of breach committed by the tenant, landlord disclosure, and the certificate of service.
It is required to state the reason why the tenant is being evicted in writing. The tenant possesses a right to defend against the accusation if it is compatible with the law.
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According to Title IV, Chapter 83 of the state law of Florida, the Eviction Notice should be sent through mail or left at the residence (in case the tenant is absent).
It is also critical to notice that if the place is untenable, the lessee does not have to transmit rental payment during a period while the premises remain uninhabitable. In such a case, it is not legal to evict the resident for non-payment.
Eviction does not always mean leaving the premises without any to keep possession of the facility.
If the tenant is accused of non-compliance, in some situations, it can be cured. Examples of such non-compliance are keeping unauthorized pets, permitting guests or vehicles (if prohibited in the lease), inappropriate parking, and other cases. If non-compliance happens again within 12 months, the proprietor possesses the right to terminate the contract immediately and ask the tenant to vacate the premises.
However, if non-compliance cannot be cured or is conducted repeatedly within a period of 12 months, the landlord can initiate the eviction without giving an opportunity to resolve the issue.
|Rent Grace Period||As stated in the lease|
|Notice of Non-Payment||3 days|
|Notice of Non-Compliance||7 days|
|State Laws||Florida Statutes, Sections 83.40 to 83.683|
If the dismissal of the contract is caused by the non-payment of rent, the renter will have three days to transfer monetary funds or move out. If any non-compliance with the rental deal has taken place, the tenant will have seven days to vacate the premises. If termination of the deal is initiated, 15 days will be given. More details are provided below:
Send the Eviction Notice
It is required to inform the lessee about your wish to withdraw the contract because of any kind of breach in written form. Only such a way of notification will be processed in court in case it is needed.
Complete the Complaint and Summons
The landlord will have to fill in the complaint and summons if the occupant fails to respond to the eviction notice on time. There is a fee payment for the filling. The papers vary depending on a specific case.
Get the Case Processed
If the tenant responds to the eviction notice, the date of a legal procession will be set. Otherwise, it is necessary for certain documents (for eviction or both eviction and damages).
Make the Tenant Quit
Once the court staff has established the final judgment and declared that the resident must vacate the premises, he or she will have not more than 24 hours to do so.
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