Florida Eviction Notice Forms

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.

Florida Eviction Notice Form

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Florida Eviction Laws

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.

Florida Eviction Notice Laws Details

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

Eviction Notice Types Used in Florida

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:

  • 3-Day Notice to Quit: an official document created by the landlord after a significant delay of the monthly rental payment. Such a paper serves as a notification that if the tenant fails to transmit the money during a period of three calendar days (excluding Saturday, Sunday, and official holidays), he or she will be required to move out of the occupied place.
  • 7-Day Notice to Quit: a juridical paper that is completed and delivered to the tenant to inform him or her that the breach of the lease has led to the termination of the contract. The proprietor will need to designate the reason why the tenant is asked to vacate the place.
  • 15-Day Notice to Quit: a form generated and signed by either the owner or lessee depending on who is initiating the withdrawal of the deal. 15 days are given to the resident to move out. Likewise, this period of time is considered to be sufficient for the proprietor to find other occupants.
  • 30-Day Eviction Notice: it is usually used to terminate a quarterly tenancy by landlords and tenants in Florida. Must be written following Title VI Chapter 83 of the Florida Statutes.

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Eviction Process in Florida

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.

Florida Eviction Court Forms

  • Complaint for Eviction and Damages: if damages do not exceed $15,000, such a paper is created to dismiss the tenant and seek the payment owed.
  • Complaint for Eviction: this form is created if the tenant did not damage or destroy the premises but failed to deliver payment in time.
  • Non-Military Affidavit: such a form states that the defendant does not serve in the military.
  • Writ of Possession: this legal document informs the tenant that he or she must remove from the premises within a period of 24 hours or, otherwise, will be legally forced to move out.
  • Complaint for Eviction re-Breach: if the reason why the contract should be withdrawn is other than failure to pay rent, use this form.

Published: Apr 5, 2022
Jennifer M. Settles
Jennifer M. Settles
Author & Attorney
With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.