Florida Eviction Notice Templates (3)

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Florida Eviction Notice Templates (3)

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Last updated December 7th, 2023

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Florida eviction notices are documents served upon a tenant by a landlord who intends on terminating a lease agreement between the parties. The cause of the lease termination must be included in the notice as should a description of what the tenant must do to cure the violation so that they may continue renting the property (if the situation allows it). In some cases, curing the violation is not an option.

The landlord also has the power to terminate a lease agreement without cause as long as appropriate notice is given to the tenant offering them a reasonable amount of time to vacate the premises. Failure to adhere to the demands of the eviction notice could result in legal action against the tenant.

By Type (3)

3-Day Notice to Quit for Non-Payment – Used to notify a tenant that they are in default of their rent payment and must pay or quit the property.

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7-Day Notice to Quit for Non-Compliance – Informs a tenant that they have violated their lease agreement for reasons other than non-payment of rent. The tenant may or may not have the option to remedy the issue, depending on the severity of the breach of agreement.

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30-Day Notice to Terminate Month-to-Month Lease – Terminates a month-to-month lease agreement between a tenant and landlord without cause.

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Contents

Eviction Laws + Required Notices

  • Grace Period: Not mentioned in state statutes.
  • Non-Payment of Rent (§ 83.56(3)): Three (3) Days
  • Lease Non-Compliance (§ 83.56(2)(b)): Seven (7) Days
  • Periodic Tenancy Termination (§ 83.57):
    • Year-to-Year Leases – Sixty (60) Days’ Notice
    • Quarter-to-Quarter Leases – Thirty (30) Days’ Notice
    • Month-to-Month Leases – Thirty (30) Days’ Notice
    • Week-to-Week Leases – Seven (7) Days’ Notice
  • Illegal Activity: Not mentioned in state statutes.
  • Intentional Damage to the Property (§ 83.56(2)(a)): Seven (7) Days

How to Evict a Tenant

The process for evicting a tenant is as follows: serve eviction notice; serve summons and complaint if they do not adhere to the demands of the eviction notice; attend a hearing before a judge (and possibly jury); receive judgment from the court. It’s important that a landlord does not cut corners or the case may be thrown out entirely.

Step 1 – Serve Notice Form

Before a landlord can proceed with an eviction suit, they must notify the tenant that they have violated their lease agreement and must vacate the premises or, if the circumstances allow, remedy the breach. Landlords can download, complete, and serve one of the following notices to terminate a lease agreement with a tenant:

Step 2 – Summons and Complaint

Failure on the tenant’s part to adhere to the demands of a notice form enables the landlord to file an eviction suit. First, they must download and complete one of the following complaint forms:

A copy of the notice to quit must be attached to the appropriate Complaint form. The landlord must also complete a Civil Cover Sheet (Form 1.997) and a Summons – Eviction Claim (Form 7). If the landlord wishes to recover damages/overdue rent as well, they must also complete Form 8, the Summons – Damages Claim. The landlord must file all documents with the clerk at the circuit court in the county in which the property is located.

Step 3 – Serve Papers

The tenant must receive a copy of the complaint, the original notice to quit, and the summons form. A process server or county sheriff must hand-deliver these documents to the tenant (fees may vary by county). If they are unable to do so after two (2) failed attempts, they may post it in a conspicuous spot on the rental property.

Step 4 – Tenant’s Response

Once the papers have been served, the tenant has five (5) days to file a response to the complaint with the court. If the eviction suit is for past due rent, the tenant will have to make a payment into the court registry at the same time as filing their response. There are two possible outcomes after a landlord serves eviction papers on a tenant.

Option (A) – Tenant fails to respond to the Complaint within the five (5) day period. The landlord would then be able to file for a default judgment, which will require the completion and filing of the following forms:

OR

Option (B) – Tenant responds to the Complaint within the five (5) day period. Responding to the Complaint means the tenant must file a written answer with the court clerk and mail a copy to the landlord. The tenant may also contest the amount of money they are being sued for regarding past due rent or damages. In this case, they must file a Motion to Determine the Amount of Rent to be Paid (Tenant Form 3) with their answer. A response to the Complaint means a hearing date will be set.

Step 5 – Hearing (If Applicable)

If the landlord or tenant do not set a hearing date, a hearing date will be set by the judge assigned to the case. Both parties will be notified of the date, time, and place of the eviction hearing. The judge will hear statements from both parties and will review any relevant evidence. If the tenant wins the case, the judge may rule that the tenant can remain in possession of the property; the landlord may be instructed to pay court costs and attorney fees to the tenant. If the landlord wins, the judge will sign a Final Judgment.

Step 6 – Judgment

If judgment is ruled in favor of the landlord, either by winning the case at trial or by approval of a default judgment, a Final Judgment form will be filed with the court. If it is a general eviction, a Final Judgment – Eviction (Form 66) is used. If the judgment was for unpaid rent or damages, a Final Judgment – Damages (Form 9) will be filed. The tenant must adhere to the final judgment or risk a Writ of Possession being filed against them.

Step 7 – Writ of Possession (If Applicable)

Should the tenant fail to leave the property after a final judgment is ruled against them, a Writ of Possession (Form 11) can be filed by the landlord. This gives the tenant twenty-four (24) hours to vacate the premises. If the tenant does not comply, the county sheriff can forcibly remove the tenant from the property.

Court Forms + Resources

Forms

Resources