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Florida Eviction Notices Explained for Landlords

If you are an inexperienced landlord who is looking to evict a tenant, the process can be confusing and unpleasant. With all the paperwork to be filled in and rules to follow, it is easy to make mistakes. Going back and forth to the courthouse to correct paperwork can lead to costly delays, all while your tenant is living rent-free in your property and preventing you from renting it out to a better tenant.

Although the eviction process can seem confusing at first, it is quite simple once you understand the meaning of the notices required. There are 4 main notices used in Florida eviction law. Most of the time, a tenant will start cooperating with you once they receive the first notice, however if they continue to not pay rent or breach the rental agreement, you can be sure that by understanding the eviction process fully, you will be able to get your property back as soon as possible and start renting it out to someone else.

We can provide you with a free 3 day eviction notice Florida template as well as a 15 day eviction notice, 7 day non-compliance notice and 7 day notice of termination templates so you can be sure that your eviction paperwork in accurate and complies with all relevant Florida eviction laws.

In this article, we will explain the different notices that are required so you can be confident and fully understand the process to get your tenant evicted as soon as possible.

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The Florida 3 Day Eviction Notice Explained

You have tried to resolve late rent payments with your tenant but they are still not cooperating. You are losing money by paying the bank while your tenant is living rent-free. The very first step in the process is to issue your tenant with a 3 day notice.

A 3 day notice is used when there is a verbal/oral or written rental agreement in place. It is used to inform the tenant that their rent has not been paid and that they should immediately pay in full or vacate the property. This notice can either be posted on the door of the property or hand delivered directly to the tenant.

Most of the time, issuing a 3 day notice to your tenant will result in a quick payment. If the non-payment of rent was a genuine mistake, it will provide them with a genuine reminder that their rent is now due. If the tenant has knowingly not paid rent, it will show them that you are starting the process of eviction.

If the tenant does not pay any outstanding rent with the time allowed after issuing a 3 day notice, you can file an eviction complaint with the clerk of the court. You will need to provide the clerk with a copy of the 3 day notice at the time you file the complaint.

Free 3 Day eviction notice for Florida.
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The Florida 15 Day Eviction Notice Explained

The 15 day notice is used to evict a tenant for any reason other than the non-payment of rent. If there is no formal written rental agreement and you would like to take back possession of your property, you will need to issue this notice.

Depending on how frequently your tenant pays rent, you will need to issue a 7 day notice or a 15 day notice. If the tenant pays rent weekly, you will need to provide them with a 7 day notice and if they pay monthly, a 15 day notice.

If the tenant does not comply with the notice within the time period allowed, you are allowed to file an eviction complaint with the clerk of the court. You will need to provide the clerk with a copy of the 7 day or 15 day notice at the time you file the complaint.

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The Florida 7 Day Non-Compliance Notice Explained

The 7 day non-compliance notice is issued to your tenant if they breach your rental agreement. There are many ways a tenant could violate your agreement, for example parking in unauthorized areas, allowing guests to stay for extended periods or having a pet when the agreement prohibits it.

A 7 day non-compliance notice is issued when a ‘curable lease violation’ has been committed. The notice informs the tenant of the violations and demands that they be cured within 7 days from the date of the notice. Using the examples above, that could mean only parking in authorized areas, asking guests to leave or removing their pet from your property.

If the tenant cures their violation within 7 days from the date of the notice, you cannot legally evict them. If the tenant does not comply with the notice and continues their previous behavior, you can terminate their agreement at which point they will be legally required to vacate the premises.

If the tenant breaches the agreement in the same or a similar way within 12 months, you will not be required to issue them with a 7 day non-compliance notice again and their tenancy can be terminated immediately.

Free 7 Day notice of non-compliance for Florida.
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The Florida 7 Day Notice of Termination Explained

If your tenant does not resolve the violations listed in the notice of non-compliance within 7 days, you must issue them with a 7 day notice of termination. This is a legal document that effectively terminates the rental agreement and lists the reasons the lease has been ended.

After receiving the 7 day notice of termination, a tenant no longer has any right to occupy your property and has to leave immediately or within 7 days. If the tenant does not cooperate and leave your property within that timeframe, you will be able to file an eviction complaint with the clerk of the court. The clerk will need to see a copy of the original 7 day non-compliance notice and the 7 day lease termination notice at the time you file the complaint.

Free 7 Day notice of non-compliance - Notice of termination for Florida.
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Unfortunately, it is highly likely that all landlords will need to evict a tenant at some point. If you’re a new landlord and this is your first eviction, the legal notices required can seem intimidating. Hopefully you now understand and feel better about the process. As long as you follow the instructions above, evicting a tenant should be a relatively simple paperwork process.

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How to evict a tenant in Florida with no lease.
Free 3 day notice to vacate Florida.

The Best Way to Ensure a Successful Eviction

If you are a landlord in Florida, it’s likely that at some point you will need to consider eviction proceedings. Sometimes you will have a tenant that does not follow the rental agreement, whether that’s by not paying rent on time, damaging your property, having a pet when they are not supposed to or in some other way.

Many landlords are extremely patient people. After all, it’s in your best interests that your property is occupied at all times and has an active rent-paying tenant, but sometimes things go wrong and no matter how many times you call or write letters to your tenant, they still refuse to cooperate. In these circumstances, starting eviction proceedings may be the only way to retake your property so it can be rented to someone else.

Every state has its own different eviction laws. In Florida, the eviction process is relatively simple but can be extremely daunting to a new landlords and there are many mistakes that can be made along the way. Making a mistake can cost you time and money and while you are correcting your mistake, you have to continue paying the bank while your tenant lives rent-free.

For a new or busy landlord, it makes a lot of sense to hire a good eviction and document preparation service to handle the eviction proceedings for you. To understand what’s required if you choose to evict a tenant yourself, let’s take a look at the evection process in Florida.

The Florida Eviction Process Explained

Evictions will usually be used as a last resort when all other forms on negotiation have failed. If you have tried to negotiate with your tenant and they are still refusing to cooperate, the first thing you need to do is to issue them with an eviction notice.

In Florida, the usual notice used is the 3 day eviction notice. This eviction notice will explain the reason the tenant is being evicted – usually non-payment of rent – and will explain to them that they have 3 days to vacate the property.

You will want to include certain information on the eviction notice: the date of issue, they tenants name and the address of the property, the reason you are starting the eviction process, the date they must leave the property by and your name and contact details should the tenant have any questions. You must sign the eviction notice and keep a copy for yourself as this could be required further down the line.

There are many ways you can deliver the eviction notice to the tenant. The best ways would be to securely fasten the notice to the front of the property or hand it directly to the tenant if they are available. The second best way would be to send the notice by certified mail, although this could get delayed or lost during transit and complicate matters. It’s best to issue the notice personally so you can be sure that it has been delivered should the tenant ever claim they didn’t receive the notice.

A large number of tenants will pay rent at this point to avoid being evicted and if you are happy to end eviction proceedings once the rent has been received, you can.

If the tenant still fails to cooperate or vacate the premises within the timeframe allowed or if you haven’t heard back from them, you can take the proceedings to the next level and make an eviction complaint to the clerk of the court. You will need to submit the copy of the eviction notice you saved earlier along with the court papers. Unfortunately, there are many things that can go wrong when evicting a tenant and this can cost you time, money and cause a lot of stress.

Things That Can Go Wrong During an Eviction

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Things often go wrong during the eviction process. Many tenants will find ways around your eviction, and if you are inexperienced with the eviction process, this can be as simple as making a small paperwork mistake. While you are correcting any mistakes, you are losing rent money and the tenant is taking up valuable space that could be rented to a tenant that would follow the rent agreement. Here are a few examples of things that can and do go wrong.

Notice Service Problems

A commonly used method of tenants is to claim that they never received an eviction notice. If an inexperienced landlord did not collect good enough evidence that the notice had been successfully served, the eviction process could have to be started again from the beginning.

Invalid Eviction Notices

Eviction notices have to follow Florida law to be valid. There are many mistakes that can be made on eviction notices, which could lead to the eviction processes having to be started again.

Lack of Evidence

During court procedures, a landlord will have to provide good evidence to prove that the tenant is behind on rent, how much they owe and that all eviction procedures have been followed correctly. If any mistakes occur at this point or if you do not have enough evidence, the eviction process could have to be started again.

The Best Way to Ensure a Successful Eviction

If you are a new or inexperienced landlord, the very best way to ensure your eviction is successful and without any problems is to hire a professional eviction and document preparation service company.

Trying to complete the eviction yourself might seem like it could save money at first, but if one simple mistake is made, it could end up costing you many times what it would have been to hire a professional eviction service. If your tenant has not been paying rent, you will already be losing money so it makes sense to limit any further losses.

An efficient, affordable eviction and document preparation service will be able to handle the whole process for you, from writing and delivering the eviction notices, collecting evidence and advising you. A good eviction service will have a lot of experience in evictions and will understand the mistakes to avoid and ways a tenant may try to avoid eviction.

Although an eviction can be done yourself, with so many things that can go wrong, it makes sense to hire a professional so your eviction is carried out as quickly as possible and without mistakes.

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