A Florida eviction notice form for nonpayment of rent is a written document that states a tenant has 3 days to pay the rent or to vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in Florida.
Types of Florida Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
|End of Lease||7/15/30/60-Day||No|
3-Day Notice to Quit (Nonpayment of Rent)
In Florida, rent is considered late the day after it’s due. Grace periods (if any) are addressed in the rental agreement/lease.
Once rent is past due, the landlord must provide tenants with a 3-Day Notice to Pay prior to filing an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 3 days (not including weekends or court-observed holidays) to avoid eviction.
In accordance with Florida statutes, the Notice for Nonpayment of Rent must contain language that is substantially similar to the following:
You are hereby notified that you are indebted to me in the sum of [xx] dollars for the rent and use of the premises [address of rental unit], Florida, now occupied by you.
I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the [date] day of [month, year].
The notice should also include the landlord’s name, address, and phone number.
Get the downloadable 3-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).
7-Day Notice to Cure or Vacate (Lease Violation)
There are two types of noncompliance issues in Florida: curable violations and incurable violations. Curable violations can be corrected by the tenant in order to avoid eviction, while incurable violations can’t, meaning that the tenant will have to move out.
For incurable violations, Florida landlords must provide tenants with a 7-Day Notice to Quit, giving tenants 7 days to move out of the rental unit in order to avoid eviction.
Incurable lease violations could include intentional property damage or destruction and ongoing, “unreasonable” disturbances. It’s possible that illegal activity is also included in this category.
According to Florida statute, the written notice for a incurable violation must use wording substantially similar to the following:
You are advised that your lease is terminated effective immediately. You shall have 7 days from the delivery of this letter to vacate the premises. This action is taken because [state the noncompliance].
For curable violations, Florida landlords must provide tenants with a 7-Day Notice to Comply, giving tenants the opportunity to correct a lease violation within 7 days in order to avoid eviction.
Examples of curable lease violations could include having a pet when there’s a no-pet policy, having unauthorized guests, failing to keep the rental unit clean/sanitary, and even violating parking rules (if any).
According to Florida statute, the written notice for a curable violation must use wording substantially similar to the following:
You are hereby notified that [state the lease violation]. Demand is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination.
If this same conduct or conduct of a similar nature is repeated within 12 months, your tenancy is subject to termination without further warning and without your being given an opportunity to cure the noncompliance.
If the tenant remains on the property after the notice period expires without correcting the violation/moving out of the rental unit, the landlord may proceed with the eviction process.
Get the downloadable 7-Day Eviction Notice for Noncompliance form template below (.pdf direct link).
Lease Termination Notice (No Lease / End of Lease)
In the state of Florida, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.
The amount of time required in the notice depends on the type of tenancy:
- Week-to-Week – If rent is paid on a week-to-week basis, landlords are required to provide tenants with 7 days’ written notice.
- Month-to-Month – If rent is paid on a month-to-month basis, landlords are required to provide tenants with 15 days’ written notice.
- Quarterly – If rent is paid quarterly, landlords are required to provide tenants with 30 days’ written notice.
- Year-to-Year – If the tenancy is from year-to-year, landlords are required to provide tenants with 60 days’ written notice.
The notice should include the date by which the tenant must move out of the rental unit.
Get the downloadable Periodic Tenancy Lease Termination Notice form template below (.pdf direct link).
30-Day Notice to Vacate (Foreclosure)
If a rental property is foreclosed upon, and the tenancy will not be continued, the landlord/owner must provide the tenant with 30 days’ written notice in order to proceed with an eviction action.
According to Florida statutes, the notice must contain substantially similar wording to the following:
NOTICE TO TENANT OF TERMINATION
You are hereby notified that your rental agreement is terminated on the date of delivery of this notice, that your occupancy is terminated 30 days following the date of the delivery of this notice, and that I demand possession of the premises on [date].
If you do not vacate the premises by that date, I will ask the court for an order allowing me to remove you and your belongings from the premises. You are obligated to pay rent during the 30-day period for any amount that might accrue during that period. Your rent must be delivered to [landlord name and address].
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
What to Include in Florida Eviction Notices
Under Florida law, eviction notices must use very specific wording based on the type of eviction.
While some information is similar across each notice, because the wording required by Florida statutes is so specific, each notice’s content requirements will be addressed in the section for that notice.
In addition to including the legally required wording for each notice, it may also be a good idea to ensure that the notice includes the name and contact information of the person being evicted, just to be sure the correct person receives the notice.
The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.
In addition, the landlord should keep the receipt number if the notice was delivered by certified or registered mail.
Delivering Eviction Notices in Florida
In the state of Florida, landlords can deliver an eviction notice by any of the following methods :
- Giving it to the tenant in person;
- Mailing the notice to the tenant; or
- Leaving the notice at the rental unit.
Note that using certified mail is not required under Florida law.
Eviction Process in Florida
- An eviction notice is posted by the landlord to vacate or “cure” the issue.
- If the tenant does not vacate when required to do so, a complaint is filed by the landlord with the county court.
- A Summons & Complaint is served to the tenant by the court.
- If the tenant does not contest the lawsuit, a motion to obtain a Judgment for Possession is filed by the landlord.
- If the motion is granted, a Writ of Possession is posted at the property, giving final notice to the tenant to remove their belongings.
- Finally, the sheriff returns possession of the property to the landlord.
To learn more about the eviction process in Florida, click here.
- 1 FL Stat. §83.56 (2019)
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- 10 FL Stat. §83.56 (2019)
- 11 FL Stat. §83.57 (2019)
- 12 FL Stat. §83.561 (2019)
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- 14 FL Stat. §83.561 (2019)