A Florida eviction notice form is a legal letter provided to a tenant directing them to correct a breach of their obligations and/or vacate the premises. In Florida, eviction notices can be served for the nonpayment of rent, lease violations or participating in illegal activity.
Types of Florida Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 3 Day Notice to Quit | Unpaid Rent | Yes |
| 7 Day Notice to Comply or Vacate | Lease Violation | Yes |
| 7 Day Notice to Vacate | Incurable Breach | No |
| 15 Day Notice to Vacate | End of Lease / No Lease | No |
Florida 3 Day Notice to Quit
A Florida 3 day Notice to Quit form is used for an eviction for nonpayment of rent. The tenant has the option to remedy by paying the rent balance due, otherwise the tenant must move out and deliver possession of the premises within three (3) judicial days (not counting weekends and legal holidays).
Florida 7 Day Notice to Comply or Vacate
A Florida 7 day Notice to Comply or Vacate form is used for an eviction for a curable lease violation. Lease violations may include failing to maintain the premises in a clean and sanitary manner or interfering with the peace and enjoyment of other persons. The tenant has the option to cure the violation if it is their first offense and not a repeat violation within twelve (12) months.. If the tenant fails to comply, the tenant must move out of the rental unit within seven (7) calendar days.
If the tenant commits substantially the same or a similar lease violation of subsequent or continuing noncompliance within a twelve (12) month period, the landlord is not required to give the tenant the option to cure. Instead, the landlord can terminate the rental agreement by serving the tenant a 7 day Notice to Vacate.
Florida 7 Day Notice to Vacate
A Florida 7 day Notice to Vacate form is used for an eviction for an incurable breach of the lease, such as intentional destruction, damage or misuse of property. This notice may also be used for a repeat lease violation of subsequent or continuing noncompliance within a twelve (12) month period. The tenant does not have the option to remain on premises and must move out of the rental unit within seven (7) calendar days.
Florida 15 Day Notice to Vacate
A Florida 15 Day Notice to Vacate is used to terminate a month-to-month lease. This lease termination letter may also be used for tenants that do not have a written lease that pay rent monthly or for tenants with an expired lease. This notice may be provided to either party at least fifteen (15) calendar days before the end of the monthly rental period.
How to Write an Eviction Notice in Florida
For an eviction notice to be legally compliant:
- List tenants’ full names;
- List full address;
- Include grounds for eviction;
- Calculate and include termination date;
- Include date notice served;
- The landlord’s signature and printed name; and
- The landlord’s address and telephone number.
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
How to Calculate Expiration Date in Florida
An eviction notice in Florida takes effect the day after it is served, unless it is a weekend or legal holiday, then the notice will take effect on the next judicial day (a day when the courthouse is open). If the notice period is less than seven (7) days, weekends and legal holidays are not included, so only judicial days may be counted.
If the notice period is seven (7) days or longer, all days are counted in the period, including weekends and legal holidays. Regardless of the notice period length, if the last day falls on a weekend or legal holiday, then the notice period will not officially expire until the end of the next judicial day.
How to Serve an Eviction Notice in Florida
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 Florida Court Rules of Civil Procedure - Rule 6
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Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time: (A) begin counting from the next day that is not a Saturday, Sunday, or legal holiday; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, or falls within any period of time extended through an order of the chief justice under Florida Rule of Judicial Administration 2.205(a)(2)(B)(iv), the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday and does not fall within any period of time extended through an order of the chief justice.
Period Stated in Days Less Than Seven Days. When the period stated in days is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
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
