Make a Florida Eviction Notice

What are the Components of a Florida Eviction Notice?

There are two types of Florida eviction notices. Both have the same basic components:

• The legal name(s) of the tenant(s) who signed the lease and are legally required to uphold its terms
• The address of the rental property
• The date the eviction notice was created
• How the eviction notice was served on the tenant (referred to as proof of service or certificate of service)
• The contact information of the landlord or property manager
• The printed name and signature of the landlord or property manager

• The following disclosure: “YOU ARE FURTHER NOTIFIED THAT, the owner/landlord does hereby elect to declare that forfeiture of your lease or rental agreement under which you hold possession of the above described premises if you fail to perform or otherwise comply, will institute legal proceedings to recover rent and possession of said premises which would result in a judgment against you including costs and necessary disbursements together with possible statutory damages as allowed by law for such unlawful detention.”

Florida eviction notices are also known as a notice to quit. The number of days given to the tenant to vacate the property depends on the reason the notice was issued. However, by state law, this number does not include Saturday, Sunday, or legal holidays. Each type of eviction notice also has their own additional components.

Florida 3-Day Notice to Quit for Non-Payment of Rent

A 3-day notice to quit for non-payment of rent is a Florida eviction notice that is used when a tenant doesn’t pay their rent on time. However, only business days are counted; Saturday, Sunday, or legal holidays are not counted in the three days. Tenants must either pay their rent or vacate the premises. All 3-day notices to quit for nonpayment of rent must comply with Florida Statute Chapter 83, Section 56.

This eviction notice must include:

• The full amount that the tenant must pay.

Florida 7-Day Notice to Quit for Curable Non-Compliance

A 7-day notice to quit for non-compliance means that the tenant has violated the lease in some way. They have 7 days to correct the violation or vacate the property. All 7-day notices to quit for non-compliance must comply with Florida Statute Chapter 83, Section 56. If the tenant commits the same violation again within the same 12 months after this notice is issued, the landlord may automatically turn to the court for relief instead of serving the tenant a second time.

This Florida eviction notice must include:

• A thorough description of the lease violation.

Florida Lease Termination Letter – 15 Day Notice

A 15-day notice for lease termination isn’t an eviction notice. However, it does act in a similar way. It informs the tenant that the landlord is ending a month-to-month lease agreement. The notice informs the tenant that they have 15 days to vacate the property. They are constructed a little bit differently. The components include:

• The name of the tenant next to the word “To” because this is a notice that the lease is ending and not an actual eviction because the tenant did something wrong
• The date that the notice was created
• The date that the lease ends
• A completed Certificate of Service that includes the date the notice was served, to whom it was served, how it was served, and a signature of the person who served the notice.

Service of a Florida Eviction Notice

According to Form 1 as provided by The Florida Bar, service of a Florida eviction notice or notice to quit may be done by delivering the notice by mail, personally serving the tenant, or by posting a copy at the rental address. Form 1 also reminds landlords that Saturday, Sunday, and legal holidays don’t count toward the time the tenants have to comply with the notice.

What are the Legal Considerations of a Florida Eviction Notice?

Florida landlord-tenant law sets the standards for Florida eviction notices. Here are some legal considerations you should be aware of:

• If a landlord doesn’t first serve the tenant with an eviction notice, they cannot begin the eviction process through the court.
• Eviction notices must give the tenant an explanation of why the eviction notice is issued and the amount of time the tenant has to correct the issue.
• Eviction notices must be legally served. In Florida, this includes personal service, serving a member of the household who is of reasonable age or serving an employee at the tenant’s place of business, or serving the tenant via mail.
• Not all evictions are lawful. Landlords may not resort to methods referenced as “self-help.” This means that they may not change the locks, remove the property of the property of the tenant, or shut off the utilities without a court order. They may not evict the tenant for reporting code violations or for discriminatory reasons.

Eviction Information for Florida Tenants

If you are living in Florida and you receive an eviction notice, read it in full. It should tell you why the eviction notice was issued, what you must do to correct the problem, and how many days you have to correct the problem. For example, if you receive an eviction notice for non-payment of rent, it should tell you how much you owe and by when it must be paid. It should also tell you where you can make the payment. If you have questions about the notice, contact your landlord. Remember to be civil. We know that it can be troubling to receive an eviction notice, but arguing with your landlord won’t help you. Ask clear questions and get the answers you need.

Not all evictions are legal. If you think that your landlord is breaking the law, you have some options. You can make an appointment with a landlord-tenant lawyer who can answer your questions. Should you have a legal claim, the lawyer can inform you of your options or even contact the landlord on your behalf to try and resolve the situation. If you cannot afford to hire a lawyer, contact law schools within driving distance and ask if they host legal clinics that help Florida tenants. This is a great way for tenants to get free or low-cost legal services while law students get hands-on experience. Finally, look for legal aid offices in your area. They often have free resources as well as offering services based on income.

Eviction Information for Florida Landlords

Landlords are required to abide by Florida landlord-tenant law. Eviction notices are legally required. As a landlord, you cannot file a lawsuit against the tenant for eviction or to recover damages for damage to the premises (or unpaid rent) until a written eviction notice is properly served. Eviction notices must list the proper amount of days by which the tenant has to correct the lease violation (including non-payment of rent).

Florida eviction notices must be legally delivered. This means that the tenant must be served in person, through a member of the household or an employee located at a business establishment of reasonable age, or via certified mail. The eviction notice may also be posted on the front door since that is generally considered a conspicuous place.

If you’re considering eviction, you need to think about whether your reasons comply with both Florida-state and federal law. You cannot evict someone for discriminatory reasons. You also cannot evict a tenant if they report you for violating habitability or safety codes where the property is located. Landlords may not change the locks, shut off the utilities, or remove the belongings of the tenant without a court order.