Florida Eviction Notice Forms are documents sent by a landlord to a tenant that has failed to hold up to the terms of the lease agreement. They are sent to inform the tenant that they must remedy the breach within a given grace period or vacate the premises. If a tenant fails to respond after receiving an eviction notice in Florida, the landlord may file a complaint with the Court in the county where the property is located.
Florida Eviction Notice Forms: by Type (3)
Florida 3-Day Eviction Notice: The Florida 3-Day Notice to Quit for Non-Payment is sent to notify a tenant that they must vacate the property or pay due rent within 3 days of notice, excluding legal holidays, Saturday and Sunday.
Download: Microsoft Word (.docx)
Florida 7-Day Eviction Notice: The Florida 7-Day Notice to Quit for Non-Compliance gives a tenant 7 days to cure a breach of the lease agreement or vacate the premises. The breach shouldn’t be related to rent payment. Generally, these notices are of 2 types:
- Curable option – Sent if the violation is curable to allow the tenant 7 days to cure it or vacate the premises.
- Incurable option – Sent if the tenant causes incurable damage to the property or repeats a breach within 12 months of notice. This letter offers no option to fix the problem and stay.
Download: Microsoft Word (.docx)
The Florida 15-Day Notice to Quit satisfies the notice requirements when terminating a month-to-month lease. The party sending it, which could be the landlord or tenant, must provide 15 days’ notice.
Download: Microsoft Word (.docx)
When Is Rent Due in Florida?
Rent is considered due in Florida on the date specified in the lease agreement and late if it is not paid by that date. When rent is late, a landlord may issue the tenant with a 3-day notice to pay or quit. If they do not respond appropriately within 3 days, the landlord may file an eviction lawsuit.
Florida Eviction Laws and Requirements
The rent grace period in Florida is usually as indicated in the lease agreement. Suppose a tenant fails to pay the due rent past the grace period (or fix any other breach not involving rent). In that case, a landlord may file an eviction lawsuit or Forcible Entry and Unlawful Detainer under Chapter 82 of the statutes of Florida.
Other laws that apply to this process include:
How to Evict a Tenant in Florida
To evict a tenant from a property in Florida, you must:
Send an Eviction Notice
Prior to filing an eviction lawsuit with the Court, you must provide the tenant with one of the following written eviction notices:
- A 3-Day Notice to Quit for Non-Payment
- A 7-Day Notice to Quit for Non-Compliance
- A 15-Day Notice to Quit or Month-to-Month Lease Termination Notice
File a Complaint
If the tenant fails to respond to your written notice, you may initiate eviction proceedings by filing one of the following complaints with the County Court.
- Complaint for Eviction
- Complaint for Eviction and Damages
- Complaint for Eviction Re-Breach
You may face a 185 charge for filing fees and $10 for every Summons filed alongside your complaint.
Serve the Summons
Once you file a complaint with the Court in Florida, you must serve the tenant with 4 copies of the notice. You may have to pay $40 for the service of the process.
Go to Trial
After serving the tenant, they will have a specified amount of time to respond to your allegations. If they do, a court date will be set for your hearing. If they don’t, you may obtain a default judgment by filing the following documents with the Court:
- Motion for Clerk’s Default Motion for Default Final Judgment
- Motion for Default Final Judgment with Damages
Evict the Tenant
If the judge rules in your preference, they will complete a Final Judgment that serves as legal proof of the judgment. You may then have a Writ of Possession signed by the Clerk of Court at $90, which authorizes the Sheriff to remove the tenant from the property if they don’t move out within 24 hours.
Related Florida Court Forms
The court forms used during the eviction process in Florida are:
Complaints
Summons
Motions
Judgments
- Final Judgment: Eviction – Completed and issued by the judge to serve as legal proof of the eviction when the case is ruled in the landlord’s favor.
- Final Judgment: Damages – Completed and issued by the judge as legal proof that the tenant must vacate the premises and pay damages to the landlord.
- Writ of Possession – Approved by the clerk of Court and may be used to authorize the Sheriff to notify the tenant to move out within 24 hours or be forcibly removed.
Other Documents
- Tenant’s Written Response – Is filed by the tenant in response to the Complaint and Summons. It must be recorded with the Court within 5 when the landlord is seeking an eviction or 20 days for a case involving damages.
- Non-Military Affidavit – Filed by the landlord to confirm that the tenant is not in the military.
How to Write a Florida Notice to Quit
Step 1: Obtain the original lease agreement.
Step 2: Indicate the tenant’s name, property address, and lease dates as indicated in the lease agreement.
Step 3: Identify the type of notice and state your purpose for writing. Your options include:
- Non-payment of rent – Give the name of the authorized agent who may receive the payment, account details, rental period, and total due amount.
- Breach of terms – Mention the nature of the breach, e.g., keeping a pet or damaging property. Give the tenant 7 days to fix the violation or move.
- Lease termination – Indicate an effective termination date that is at least 15 days after the next payment date.
Step 4: Disclose your intention to file an eviction lawsuit if your conditions are not met.
Step 5: State your name and supply your full signature.
Step 6: Serve the notice upon the tenant.
Step 7: Upon delivery, sign the certificate of service.
3-Day Notice to Quit (Non-Payment of Rent)
{Date}
{Tenant’s Name}
{Property Address}
Re: Pay or Vacate
Dear {Mr./Mrs./Ms. Last Name},
You owe {landlord’s name} the total sum of {amount} in rent payment for the months(s) of {rental period} for the property located at {property address}.
This is to notify you that you must pay the stated amount to {agent’s name} or deliver custody of the premises within 3 days of this notice, excluding legal holidays, Saturdays, and Sundays.
If you do not comply by {deadline}, legal proceedings will be initiated against you pursuant to Florida Statutes Sec. 83.56(3).
Sincerely,
{Your Name}
{Your Signature}
7-Day Notice to Quit (Non-Compliance)
{Date}
{Tenant’s Name}
{Property Address}
Re: Breach of Lease Agreement
Dear {Mr./Mrs./Ms. Last Name},
You have violated the lease agreement dated {signature date} for the property located at {property address} by {describe violation}.
Demand is made that you {remedy the violation or vacate the premises/vacate the premises} within 7 days of the receipt of this notice, or a lawsuit will be filed against you.
(For curable) if you repeat the conduct or one of similar nature within 12 months of this notice, your tenancy will be terminated.
Sincerely,
{Your Name}
{Your Signature}
CERTIFICATE OF SERVICE
This is to certify that I, {delivery agent’s name}, have served this notice on {tenant’s name} at {property address} via {delivery method} on {date}.
15-Day Notice to Quit (Month to Month)
{Date}
{Tenant’s Name}
{Property Address}
Re: Lease Termination
Dear {Mr./Mrs./Ms. Last Name},
Pursuant to Florida Statute 83.57, I, {your name}, as the {landlord/tenant} of the property located at {property address}, elect to terminate the lease dated {signature date}, effective {date}.
{Discuss the deposit and provide the address where it may or will be mailed}
Sincerely,
{Your Name}
{Your Signature}
Florida Eviction Notice Forms are a must-send in Florida when you wish to evict a tenant who has violated the terms of their lease agreement. State laws require that you send proper notice, depending on the type of violation, explain the breach, offer the appropriate grace period, and state your intent to file an eviction lawsuit.
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