The Florida eviction notice forms are used in the event that a tenant is failing to abide by the terms of his or her lease by either failing to pay rent when it is due or breaching some other provision in the contract and the landlord is seeking to have the breach corrected or have the tenant move out. The landlord must provide notice to the tenant depending on what type of breach is occurring and if the tenant does not respond, landlord can begin to take steps to have the tenant evicted through the court system by filing a complaint and summons in the County Court in which the property is located.
Notices By Type
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.
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 tenant correct the problem or vacate within seven days.
15-Day Notice to Quit (Month to Month) – 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.
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, landlord may institute court proceedings to evict.
How to Evict (Process)
Step 1 – Before any court proceedings to evict can proceed, a landlord must provide the tenant with written notice. In cases of breach for non payment of rent, the landlord may use the 3-Day Notice to Quit (Non-Payment of Rent). If the breach is due to other breaches, 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- 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 in which the property is located. There are different complaints depending on the situation.
- 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 breach other than non payment 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:
Landlord will have to provide 4 copies of the notice sent the tenant. In addition, the landlord will have to pay a filing fee of $85. The court will serve the tenant with the summons.
Step 3 – If the tenant does not respond to the complaint and summons within the time period allowed, the Landlord must prepare three copies of the following documents for the court and a fee of $90.00 to the sheriff:
If its for eviction only:
For eviction and damages: