A Florida 7 Day Notice To Comply or Vacate is a letter that complies with state legal requirements to begin eviction against a tenant for a “curable” lease violation (i.e., one which the tenant is allowed to fix through corrective action). The tenant must take appropriate corrective action, or else move out within seven (7) calendar days of receiving notice.
When To Use a Florida 7 Day Notice To Comply or Vacate
A Florida 7 Day Notice To Comply or Vacate begins the eviction process for the following correctable tenant violations:
- Failure to maintain the premises in a clean and sanitary manner
- Unapproved pets kept at the premises
- Unauthorized occupants residing at the premises
- Other lease violations
Some types of Florida lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Florida 7 Day Notice To Comply or Vacate
To help ensure the legal compliance of a Notice To Comply or Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis upon which the tenancy will terminate, and the corrective action(s) necessary to prevent termination
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a Florida 7 Day Notice To Comply or Vacate
Florida landlords may deliver an initial written Notice To Comply or Vacate 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.
Sources
- 1 FL Stat § 83.56
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If such noncompliance is of a nature that the tenant should be given an opportunity to cure it, deliver a written notice to the tenant specifying the noncompliance, including a notice that, if the noncompliance is not corrected within 7 days from the date that the written notice is delivered, the landlord shall terminate the rental agreement by reason thereof. Examples of such noncompliance include, but are not limited to, activities in contravention of the lease or this part such as having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary. If such noncompliance recurs within 12 months after notice, an eviction action may commence without delivering a subsequent notice pursuant to paragraph (a) or this paragraph.
Source Link - 2 Fla. Stat. § 83.56(4)
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The delivery of the written notices required by subsections (1) [termination due to material noncompliance by the landlord], (2) [termination due to material noncompliance by tenant, EXCEPT nonpayment of rent], and (3) [tenant failure to pay rent] 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 - 3 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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