Florida Eviction Notice Forms – Notice to Quit | PDF Templates
Florida recently made the eviction process quicker by allowing landlords to file a complaint after sending only one notice to tenants, See Eviction Statutes/Laws, whereas doing so previously required sending a second notice after the first one expired. Otherwise, the process requires filing a complaint and summons, and attending a hearing if the tenant responds.
How to Evict a Tenant in Florida
1. Notice
There are four different types of eviction notices in Florida, and the one you need depends on the reason for the eviction. These must be hand-delivered to the tenant or posted on the tenant’s front door, and they must state the reasons for the notice.
- Three-Day Notice – This is for nonpayment of rent. The notice specifies that the tenant must pay all rent due or vacate the premises within three days.
- Seven-Day Notice With Cure – This is for a breach of the lease that the landlord believes can be corrected, such as removing pets. The tenant may correct the violation within seven days, or vacate.
- Seven-Day Notice Without Cure – This is used for more serious breaches like destruction to property, and they do not allow the tenant to remedy the violation.
- Fifteen-day Notice – Eviction for any other reasons requires a 15-day notice.
2. Complaint
If the tenant does not comply with the notice or leave the property, the landlord may then file an eviction complaint with the clerk of court. The clerk will issue a summons, and the police will deliver this to the tenant. Then, the tenant has five days to respond.
3. Judgment
If the tenant does respond, a hearing date will be scheduled. It is important to bring copies of all related documents, as well as evidence that supports the complaint. Following the process correctly is critical because the judge can rule in favor of the tenant if it has not been.
If the tenant does not respond, or there is a hearing where the landlord prevails, the landlord may file a Motion for Default, after which the landlord can submit a Judgment for Possession. The judge will then issue a Writ of Possession, and the clerk will send this to the sheriff. The tenant will have notice to vacate by a certain date or else be removed by force.