A Florida 7 Day Notice to Vacate is an official eviction letter written by the landlord and served to tenant for damaging property or repeating a lease violation within a 12 month period. There is no option to fix the violation and the tenant must move out within seven (7) calendar days.
When to Use a Florida 7 Day Notice to Vacate
Use a 7 Day Notice to Vacate to begin the eviction process in Florida:
- If the tenant is involved in the destruction, damage or misuse of property by intentional act.
- If the tenant committed an unreasonable disturbance.
- If the tenant committed a repeat lease violation of subsequent or continuing noncompliance within a 12-month period.
If the above is not 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 Comply or Vacate – If the tenant failed to maintain the premises in a clean and sanitary manner, violated rules with too many occupants at the premises, unauthorized pets or any other violations of the lease or rules/regulations.
- 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 Vacate
The Seven (7) Day Notice to 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 incurable breach or violation;
- Include the tenant’s balance due, if applicable;
- Enter the date the tenancy terminates;
- 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 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.
- 1 FL Stat § 83.56
If the tenant materially fails to comply with s. 83.52 or material provisions of the rental agreement, other than a failure to pay rent, or reasonable rules or regulations, the landlord may:
(a) If such noncompliance is of a nature that the tenant should not be given an opportunity to cure it or if the noncompliance constitutes a subsequent or continuing noncompliance within 12 months of a written warning by the landlord of a similar violation, deliver a written notice to the tenant specifying the noncompliance and the landlord’s intent to terminate the rental agreement by reason thereof. Examples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the landlord’s or other tenants’ property by intentional act or a subsequent or continued unreasonable disturbance. In such event, the landlord may terminate the rental agreement, and the tenant shall have 7 days from the date that the notice is delivered to vacate the premises.Source Link
- 2 FL Stat § 83.56
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
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