Florida eviction notices are given to tenants by their landlord to inform them they that have violated their lease agreement. The notice should be sent via certified mail or hand-delivered in order to get the signature of the tenant, or an occupant on the property, as evidence of acceptance. If the tenants do not respond to the notice by either fixing the issue or moving out of the property the landlord will need to file a complaint (forcible entry and unlawful detainer) with the clerk of the circuit court.
The Florida fifteen (15) day notice to vacate is given to a tenant by a landlord that intends on cancelling the rental arrangement. The tenant, after receiving the notice, will be instructed that they must move-out by the date written in …
The Florida three (3) day notice to pay or quit is an official warning to a tenant that if they do not pay all back-rent to the landlord that their rental agreement is able to be terminated by the landlord. …
The Florida seven (7) day notice to comply or quit is a notice given to a tenant for any lease violation other than the payment of rent. Examples include, playing loud music, not maintaining the lawn, too many guests, etc. …
The Florida seven (7) day notice to vacate may be used to make it known to a tenant that their lease has been terminated due to either (1) the same violation was repeated in a 12-month period or (2) the …
The process for filing an eviction (forcible entry and unlawful detainer) below are in accordance with laws (Chapter 82 of the Florida Statutes). All court forms provided below are provided by the Florida State BAR.
Before filing an eviction in the State of Florida the landlord will be required to inform the tenant of their lease violation through a notice to quit. Use one of the types below to send via Certified Mail (with return receipt) or hand deliver:
3-Day Notice to Pay or Quit – For late rent. The landlord may give notice the day after rent is late (§ 83.56(3))
7-Day Notice to Comply or Quit (Curable) – For a minor lease violation.
7-Day Notice Comply or Quit (Incurable) – For a major lease violation or illegal activity by the tenant.
15-Day Notice to Vacate – To terminate a month-to-month lease.
If the tenant does not comply with the notice then the court will need to get involved. The landlord will need to file a Complaint and Summons along with evidence to the clerk and submit payment for $185 for most counties. Although, it is best to check with the county the property is located as there can be additional fees.
Bring the following to the respective Clerk of Court Office:
Complaint (choose one)
Complaint Form (non-payment of rent) – Just eviction, not seeking back-rent.
Complaint Form (non-payment of rent) – Eviction plus seeking back-rent.
Complaint Form (other violations) – For any violation other than non-payment of rent.
Summons (choose one)
Summons (eviction only) – If landlord is only seeking an eviction with no back-rent or damages.
Summons (for eviction and back rent) – If landlord is seeking back-rent and/or damages.
Evidence – Bring a copy of the original lease agreement and the notice to quit (with tenant’s signature of receipt).
The tenant will be served by the court and will be responsible for providing a response within *five (5) days to the court (excluding weekends and holidays).
If the tenant does file the Answer within the five (5) day period a court hearing date will be set.
If the tenant does not file the Answer within the five (5) day period the landlord will need to submit the following forms to the clerk:
Motion for Clerk’s Default (choose one)
Motion for Clerk’s Default (eviction only)
*Motion for Clerk’s Default (eviction and back rent)
If there was a court hearing the following must be filed:
Final Judgment (choose one)
Final Judgment (eviction only)
Final Judgment (eviction and back rent)
AND
Non-Military Affidavit – Required to be notarized.
*Affidavit of Damages – Only filed if back rent is being sought.
Self-Addressed Stamped Envelope – No return address.
Addressed Stamped Envelope(s) – For each tenant.
If there was not a court hearing as the tenant did not file an answer the following must be filed with the court:
Motion for Final Judgment (choose one)
Motion for Default Judgment (eviction only)
Motion for Default Judgment (eviction and back rent)
AND
Non-Military Affidavit – Required to be notarized.
*Affidavit of Damages – Only filed if back rent is being sought.
Self-Addressed Stamped Envelope – No return address.
Addressed Stamped Envelope(s) – For each tenant.
After the Judgment has been issued by the court the landlord will need to have a Writ of Possession be certified by the clerk. After obtaining the landlord will be able to submit to the local Sheriff’s office and have the tenant evicted within twenty-four (24) hours.
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