Updated August 18, 2022
A Florida eviction notice is a memo given by a landlord to a tenant for a violation of their lease contract. The notice must be delivered directly to the tenant or posted on the property (on the door). It must include the details of the violation and the time period the tenant has to fix the issue. If the tenant does not adhere to the notice to quit, the landlord may seek eviction proceedings.
By Type (3)
3-Day Notice to Quit (
Non-Payment of Rent
)
– This form of notice is used when a tenant has failed to pay rent when it is due under the terms of the lease. The landlord may send this notice and the tenant has three days to respond by either paying the rent or moving out of the premises.
Download: Adobe PDF
7-Day Notice to Quit (
Non-Compliance
)
– This form of notice is used when a tenant has failed to abide by other aspects of the lease other than non-payment of rent. The landlord may deliver this form requesting that the tenant correct the problem or vacate within seven days.
Download: Adobe PDF , MS Word (.docx) , OpenDocument
15-Day Notice to Quit (
Month-to-Month Tenancy
)
– This form is used to inform a tenant that a month-to-month lease will not be renewed and that he or she is required to move out at the end of fifteen days.
Download: Adobe PDF , MS Word (.docx) , OpenDocument
Table of Contents |
Eviction Laws
- Rent Grace Period: As specified on lease.
- Non-Payment of Rent: 3 days. § 83.56(3)
- Non-Compliance: 7 days. § 83.56(2)(a) & § 83.56(2)(b)
- Termination (Month-to-Month Lease): 15 days. § 83.57(3)
- Eviction Lawsuit: Forcible Entry & Unlawful Detainer. Chapter 82
Court Forms
Complaint for Eviction and Damages – This complaint is filed when the plaintiff is seeking eviction as well as unpaid rent and other money owed.
Complaint for Eviction re-Breach – The plaintiff will use this document if the defendant has breached the lease agreement in a manner other than non-payment of rent.
Complaint for Eviction – The plaintiff will use this document should they seek to evict for the non-payment of rent but they are not seeking damages.
Summons for Damages Complaint – This will be delivered to the tenant to notify them that there is a court case against them and that the landlord is officially seeking damages.
Summons for Eviction-Only Complaint – This summons will notify the tenant that there are no damages being sought by the landlord but that they are suing for eviction.
Tenant’s Written Response – The tenant will have five (5) days to respond to the claims for an eviction and twenty (20) days should the landlord seek damages.
Motion for Clerk’s Default – Eviction only – This document is filed along with a Non-Military Affidavit should the tenant fail to respond within the five-day window. It requests a default from the court clerk in favor of the landlord due to the tenant’s failure to respond.
Motion for Default Final Judgment – Eviction Only – This document is to request a final judgment in favor of the landlord from the judge handling the case. It can be filed after the above Motion for Clerk’s Default.
Motion for Clerk’s Default with Damages – This document is filed with the Non-Military Affidavit to request a default judgment against the tenant from the court clerk for eviction plus damages.
Motion for Default Final Judgment with Damages – This motion is filed following the Motion for Clerk’s Default should the defendant fail to file a response. It requests that the judge handling the case award a default judgment in favor of the plaintiff.
Non-Military Affidavit . – Indicates that the defendant is not in the military. Filed in conjunction with the Motion for Default Judgment forms.
Final Judgment – Eviction – Completed by the judge should the landlord win the case. It is legal proof that the defendant must leave the premises of the property and that possession be returned to the plaintiff.
Final Judgment – Damages – Completed if the judgment is in favor of the landlord. This indicates that the tenant must leave the property and pay the damages owed.
Writ of Possession – A Writ of Possession once approved by the clerk of court and delivered to the Sheriff is used to notify the tenant that they have twenty-four (24) hours to vacate or they will be forcibly removed.
When is Rent Late?
Rent is late when it has not been by the date specified in the lease. If rent is late, the landlord may send a 3-Day Notice to Quit (Non-Payment of Rent) asking for payment. If payment is not received within the three day period, the landlord may institute court proceedings to evict.
How to Evict (Process)
Step 1 – Send the Eviction Notice
Before any court proceedings to evict can proceed, a landlord must provide the tenant with written notice. In case of a breach for nonpayment of rent, the landlord may use the 3-Day Notice to Quit (Non-Payment of Rent) . If the breach is due to other violations, the landlord may use the 7-Day Notice to Quit (Non-Compliance) . If the landlord is seeking to terminate a lease, the landlord should use this 15-Day Notice to Quit (Month to Month) .
Step 2 – Filing the Complaint and Summons
If the tenant fails to respond to the written notice in the time period allowed, the landlord may begin eviction proceedings by filing a complaint and summons with the County Court where the property is located. There are three (3) different complaints depending on the situation.
Complaints
- Complaint for Eviction and Damages – This complaint is used when the landlord seeks to obtain damages, such as back rent, cleaning costs, repair costs, etc. in addition to having the tenant evicted.
- Complaint for Eviction re-Breach – This complaint is for use when the landlord is just seeking to evict for a breach other than nonpayment of rent, and not seeking damages.
- Complaint for Eviction – The landlord may use this form when seeking to have a tenant evicted for non-payment of rent, but not seeking damages.
The landlord will also have to file a summons with the complaint, depending on which complaint is filed:
Summons
The landlord will have to provide 4 copies of the notice sent to the tenant. In addition, the landlord will have to pay a filing fee of $185 in addition to:
- Service of Process: $40
- Summons: $10 (for each)
- Writ of Possession: $90
Step 3 – Go Back to the Court
If the tenant responds a court date will be set. If the tenant does not respond, the landlord must prepare three (3) copies of the following documents for the court:
For an eviction only :
For eviction and damages :
First, the landlord will file the Motion for Clerk’s Default with the Clerk of Court along with a Non-Military Affidavit . Depending on the result of the Clerk Default, the landlord may file the Motion for Default Final Judgment requesting that a judgment be made in their favor due to the tardiness of the tenant’s response. Should they be requesting damages in addition to the eviction, they will need to file an Affidavit of Damages .
Step 4 – Kicking the Tenant Out
Should the Court rule in favor of the landlord, they will provide either a Final Judgment – Eviction , or a Final Judgment – Damages . A copy should be retrieved by the landlord. They will then be able to obtain a Writ of Possession which, once signed by the Clerk of Court and delivered to the Sheriff, gives the tenant twenty-four (24) hours to exit the premises.
Video
How To Write (Notice To Quit)
1 – Obtain and Organize Documents
The Florida Notice to Quit may be downloaded using the “PDF,” “ODT,” or “Word” buttons. This form will act as a Notice to Quit once it has been filled out. You will also need to make sure any information listed on the Lease must be reported precisely as it is presented on the Lease thus, make sure you have a copy of the Lease available for consultation.
2 – Identifying the Recipient
Fill in the Name of the offending Tenant or Subtenant as it appears on the Lease. This will be the individual this Notice is addressed to.
3 – Identifying the Rental Property and the Lease
The next two statements will each seek to define facts regarding the Rental Agreement. This section will require that all the information reported be identical to the way it is presented in the Lease. You will need to report the location of the Rental Property by entering its individual components separately across several blank spaces: City, County, Zip Code, Building Number/Street, and Apartment Number.
Similarly, the second statement will require the individual components of the Signature Date reported on Lease to be entered across three spaces: Calendar Date, Month, Year.
4 – Terms of Notice
The Terms of this Notice must now be defined. That is, the purpose for filling out and delivering this form (appropriately). There are four available options to choose from to list as the purpose of this document, you may only choose one.
Select the first check box if the Tenant owes a Past Due Amount that must be collected. Here the Tenant will be given a choice of surrendering the property in three days or paying the Overdue Rent. There will be several pieces of information that must be filled in for such cases. First, report the Name of an Authorized Agent who may accept the Tenant’s payment in addition to the undersigned. Then the Dollar Amount owed must be documented with the Rental Period requiring payment.
Select the second check box if the Tenant has violated a Lease Term (i.e. property damage, breaking building rules, etc.) and will have seven days to either correct the violation to the satisfaction of the Landlord or surrender the premises to the Landlord. In this case, report the Lease Term or Terms that have been violated by the Tenant on the available blank line.
Select the third check box if the Tenant is simply in a Month to Month Lease and must be given Notice the agreement will end. This will require the exact Date the Month to Month Agreement ends to be reported on the spaces available. Note: The Termination Date named must be at least 15 days after the next payment date.
Select the fourth check box if the Tenant is issuing Notice to a Landlord regarding a Month to Month Tenancy that must be ended. The Date of the Month to Month’s termination must be reported and must be at least fifteen days from the next Rental Payment Due Date.
5 – Landlord Disclosure
The issuing party (Landlord or Landlord Agent) should read the paragraph beginning with the words “You are further notified…” then, Sign his or her Name on the Signature Line below it.
6 – Serving this Notice
This Notice must be delivered reliably to the recipient allowing for the appropriate amount of Time to pass from its receipt to the Date of its effect. The Deliverer of this document will need to provide the exact Date delivery was successful as well as the Name of the person it was delivered to, in the statement beginning with the words “I certify that…” The method of Delivery will be defined by one of the checkboxes below. If the recipient was the party who received this document, the first checkbox will be marked. If a reliable second party received this document on behalf of the recipient, the second checkbox will be marked. If this document was sent via First Class Mail, the third box will be marked. The Signature of the Delivery Agent must appear on the last line of this document.
