A Florida 7 Day Notice to Comply or Vacate is an official eviction document for a curable lease violation. The tenant has a right to correct the breach if it’s not a repeat offense within a twelve (12) month period, otherwise the tenant must vacate the premises within seven (7) calendar days.
When to Use a Florida 7 Day Notice to Comply or Vacate
Use a 7-Day Notice to Comply or Vacate to begin the eviction process in Florida:
- If the tenant failed to maintain the premises in a clean and sanitary manner.
- If the tenant violated the rental agreement with unapproved pets.
- If the tenant allowed unauthorized occupants to reside at the premises.
- If the tenant committed any other lease violations.
If none of the above are true, use one of the below forms to evict a tenant:
- 3 Day Notice to Quit – If the tenant is late on rent (starting the day after it’s due), either in part or in full.
- 7 Day Notice to Vacate – If the tenant is involved in intentional, destructive, misuse or damage of property, committed an unreasonable disturbance or a repeat lease violation of subsequent or continuing noncompliance within a 12-month period.
- 15 Day Notice to Vacate – If the tenant or the landlord is terminating a month-to-month lease. This lease termination letter may also be used for tenants with no written lease that pays rent monthly or for tenants with an expired lease.
How to Write a Florida 7 Day Notice to Comply or Vacate
The Seven (7) Day Notice to Comply or Vacate form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Specify the rule or lease violation;
- Indicate how the tenant can remedy the breach;
- Enter the date and time when the violation must be cured by;
- Include the tenant’s balance due, if applicable;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve a Florida 7 Day Notice to Comply or Vacate
A landlord can deliver notices in Florida using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to a person of suitable age at the property AND mailing the notice by certified or registered mail with a return receipt;
- Posting the notice in a conspicuous place at the premises, such as the entry door, AND mailing the notice by certified or registered mail with a return receipt.
When sending the notice by certified or registered mail, add five (5) additional calendar days to the notice period to account for variability in post office 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 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 - 3 Florida Court Rules of Civil Procedure - Rule 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).
Source Link