In Florida, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Florida?
In Florida, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Florida?
In Florida, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 3 Day Notice to Quit, the eviction notice used for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in Florida, rent is late starting the day after it’s due.
Acceptable Forms of Service in Florida
Florida landlords may deliver an initial written eviction notice by any of the following methods:
- Hand delivery to the other party
- If hand delivery fails: Leaving a copy of the notice at the property
- Delivery by mail
Mailed notice extends a notice period by five (5) calendar days, to account for variable delivery times.
Obtaining Proof of Service in Florida
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- Mail – via return receipt or certificate of mailing, and by completing a Declaration of Service at the time of mailing
- Posting at the Premises – by taking a photograph and completing a Declaration of Service at the time of delivery
Florida Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 3 Day Notice To Quit | Eviction for Unpaid Rent |
| 7 Day Notice To Comply or Vacate | Eviction for Lease Violation |
| 7 Day Notice To Vacate | Eviction for Substantial Property Damage
Eviction for Repeat Lease Violation |
| 7 Day Notice To Terminate Tenancy | Ending a Weekly Lease |
| 15 Day Notice To Vacate | Ending a Monthly Lease |
| 30 Day Notice To Vacate | Ending a Quarterly Lease |
| 60 Day Notice To Vacate | Ending an Annual Lease |
Sources
- 1 FL Stat § 83.56
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The delivery of the written notices required by subsections (1), (2), and (3) shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence. The notice requirements of subsections (1), (2), and (3) may not be waived in the lease.
Source Link - 2 Fla. R. Civ. P. 2.514(6)
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Additional Time after Service by Mail. When a party may or must act within a specified time after service and service is made by mail, 5 days are added after the period that would otherwise expire under subdivision (a).
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