A Florida eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Florida landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
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 | Substantial Property Damage
Repeat Lease Violation |
No |
| 15 Day Notice To Vacate | End of / No Lease | No |
Florida 3 Day Notice To Quit
A Florida 3 Day Notice To Quit evicts a tenant for nonpayment of rent. In Florida, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out 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 demands correction of a lease violation that is “curable,” i.e., the tenant may get a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.
The tenant must take appropriate corrective action, or else move out within seven (7) calendar days of receiving notice.
Florida 7 Day Notice To Vacate
A Florida 7 Day Notice To Vacate evicts a tenant for an “incurable” lease violation, i.e., one which the tenant is not allowed to restore through corrective action, such as causing intentionally destroying property. This notice may also be used for a repeat of a lease violation which has been cited for noncompliance within a twelve (12) month period. The tenant must move out within seven (7) calendar days of receiving notice.
Florida 30 Day Notice To Vacate
A Florida 30 Day Notice To Vacate terminates a quarterly lease, month-to-month lease, or expired lease, as well as a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
How To Write an Eviction Notice in Florida
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note 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 Calculate Expiration Date in Florida
The “clock” for an eviction notice period starts “ticking” the day the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than June 1st.
In Florida, if the first day of a notice period is a Saturday, Sunday, or legal holiday, the counting for the notice period will not begin until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open. A notice period which ends on a weekend or legal holiday will also be extended to the next judicial day
Florida counts only judicial days (i.e., no weekends or legal holidays) for notice periods of less than seven (7) days. Longer periods are counted normally.
How To Serve an Eviction Notice in Florida
Florida landlords may deliver an initial written eviction notice 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 Fla. Stat. § 83.57
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A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:
(1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period; (2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period; (3) When the tenancy is from month to month, by giving not less than 30 days’ notice prior to the end of any monthly period; and (4) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period. - 2 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 - 3 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 - 4 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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