Are you a Florida Landlord who is having issues with your Florida Residential Tenant? Is your Florida Tenant not paying Rent? Is their a non-monetary breach of the Florida Lease? Is it just time for your Tenant to leave?
In Florida, Landlord & Tenant – Eviction matters are governed by the laws of the State of Florida ( Florida Statutes – Chapter 83 ) and by the Florida Rules of Civil Procedure. Primarily, there are four different types of notices to be given to Florida Tenants that can result in an eviction if their is non-compliance. Each notice is very specific in what it requires and a knowledgeable Florida Landlord Tenant Attorney may advise that a combination notice may best fit your needs as a Florida Landlord. Below, we have listed four of the most common types of notices to a Florida Tenant.
You must give the Florida Tenant one of the following notices by mail, hand delivery to the Tenant or posting the notice to the Tenant’s door. Before giving your Tenant notice, it is highly recommended contacting a competent attorney before starting this process. The Law Office of Ryan S. Shipp, PLLC is here to help!
FLORIDA 3 DAY EVICTION NOTICE TO TENANT
If a Tenant has not paid his rent, the Landlord is required to give his Tenant a Florida 3 Day Notice in writing to vacate the premises or pay the rent. After 3 full days (Excluding Saturdays, Sundays, and legal holidays) have elapsed from the date of the notice (not counting the date the notice is delivered to the Tenant), if the Tenant has not complied with the eviction notice, the Landlord then can proceed with eviction proceedings.
FLORIDA 7 DAY NOTICE (WITH CURE)
If the Landlord has a Tenant who is undesirable but the situation could be remedied within 7 days (i.e. unauthorized pets, guest, or parking, etc.), the Florida 7 Day Notice Letter with cure should be given. This notice should state the non-compliance and give the Tenant 7 days to correct the problem or to vacate the premises. The Tenant would be allowed to stay if he has complied. If the Tenant does not comply, then the Landlord can proceed for with an eviction complaint based on the notice given. If the same non-compliance recurs within a 12-month period, the Landlord may commence with eviction proceedings without giving a subsequent notice.
FLORIDA 7 NOTICE (WITHOUT CURE)
If a Tenant is undesirable with a serious non-compliance (i.e. destruction, damage or misuse of property; unreasonable disturbance, etc.), the Florida 7 Day Notice without cure could be given. This notice informs the Tenant the rental agreement is terminated and that no further rent will be accepted. It also lists the items of non-compliance. If the Tenant has not moved in 7 days, the Landlord would then file eviction proceedings.
FLORIDA 15 DAY NOTICE
If the Landlord needs possession of his property and it is not for any of the above reasons and the rent is paid on a month to month basis, the Landlord would give the Tenant a Florida 15 Day Notice to vacate the premises. This notice would state that the rental agreement is terminated and no further rent would be accepted. This notice should be given no later then 15-days prior to the rent being due. If the Tenant does not vacate, the Landlord would file his complaint for eviction. If a written lease agreement has been entered into, this section does not apply.
Do you need assistance with a Florida Landlord Tenant Eviction Notice Letter from an experienced Eviction Lawyer? The Law Office of Ryan S. Shipp, PLLC is here to assist. Call us today @ (561) 699-0399 to set-up an appointment @ our Lantana, Florida office location.