A Florida eviction notice is a written document from a landlord or property management company that is issued to the tenant of the rental property. It states that the tenant has a certain number of days to correct a lease violation, such as non-payment of rent, or vacate the property. Eviction notices are required by state law. A landlord cannot begin a lawsuit against a tenant unless they first properly serve the tenant with an eviction notice. All Florida eviction notices must comply with the landlord-tenant laws of the state. An eviction notice is also referred to as a notice to quit.
Landlords need certain information to write a legal Florida eviction notice. Of course, depending on the type of eviction notice being issued, the landlord is required to provide additional information. Here are the components that belong in every eviction notice:
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, 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 in addition to the components mentioned above. This notice must be served in person, via certified mail, or it may be posted on the front door.
7-Day Notice to Quit for 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. It may be served personally, via certified mail, or it may be posted to the front door.
15-Day Notice for Lease Termination
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. The are constructed a little bit differently. The components include:
Florida landlord-tenant law sets the standards for Florida eviction notices. Here are some legal considerations you should be aware of:
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 tenant 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.
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.