In Florida, eviction notices are issued to evict a legal tenant from a rental property. However, various eviction laws guide the termination of a landlord-tenant relationship. One of the key rules to issuing an eviction notice in Florida is that the landlord must have a proper cause for such action. Florida eviction laws give specific requirements to end a tenancy relationship. Additionally, there are different specifications for different circumstances. It’s important for landlords and tenants to understand the requirements for eviction in the State of Florida. This would not only safeguard their rights but also prevent unnecessary disputes. In this article, we covered the different types of eviction notices and the associated legal processes in Florida.
The primary legislation that governs eviction processes in the State of Florida is the 2023 Florida Statutes (including Special Session C). Section 83.56 of this Statute provides the grounds for the termination of a rental agreement, Section 83.57 states the notice requirements for tenancy with no specific term, and Section 83.59 describes the right of action available for both parties in the process of the eviction. Over the years, there have been significant changes to the eviction laws in Florida. For example, the notice requirement to terminate a month-to-month tenancy has increased from 15 days to 30 days. The law also provides stricter penalties for landlords that engages in retaliatory or self-help evictions. The need for these changes is to align with the evolving housing market and economic instability. There’s also the need to safeguard the tenant’s rights and provide a fair and transparent eviction procedure for both parties.
In Florida, a landlord can only evict a tenant before his lease term expires for several reasons. These are;
This is one of the most common reasons to issue an eviction notice in Florida.
If a tenant fails to pay rent when due and continues to do so after three days, the landlord can evict such tenant.
In Florida, rent is considered late three days after its due date (excluding Saturday, Sunday, and legal holidays).
If the lease agreement provides for an extra grace period, the landlord must take it into notice.
Lease agreements typically include various rules and regulations which both parties must adhere to.
If a tenant violates a term in the agreement, the landlord may issue an eviction notice to the tenant to either fix the violation or move out.
However, where there are repeated lease term violations, the landlord can issue an unconditional eviction notice with no right to cure.
Examples of some lease term violations are;
Landlords can also evict a tenant if he or she commits any illegal act within the rental premises.
In other words, a landlord can evict a tenant who commits any criminal act such as the sale, manufacture, and distribution of drugs in the rental unit.
If a tenant significantly and intentionally causes damage to the landlord’s property or other tenant’s property, he can be evicted.
However, the landlord must document the damage caused, as it can be used to prove his claim in court.
Fla. Stat. § 83.52 (2024) provides for every tenant’s obligation to maintain the rental property.
If a tenant fails to comply with the provision of this section, the landlord can issue an eviction notice informing the tenant to vacate the rental unit or fix the default.
The following are the minimum standards set by Florida eviction laws. Tenants must;
A holdover tenant is one who without the consent of the landlord, continues to stay in possession of the rental unit even after his lease agreement has expired.
The landlord can evict such a tenant by serving an eviction notice.
If the tenant refuses to leave after the number of days specified in the notice, the landlord can proceed to file an eviction lawsuit.
In Florida, the landlord may also recover double the amount of the rent during the period the tenant refused to give up possession of the rental. – Fla. Stat. § 83.58 (2024)
To begin an eviction process in Florida, the landlord must first issue an eviction notice which must be served on the tenant.
This Florida eviction notice would inform the tenant to vacate the rental premises within a stipulated date, due to a violation or default which the tenant has committed.
Landlords, as well as tenants, need to understand the rights, responsibilities, as well as proper legal procedure for eviction in Florida.
This would not only prevent unnecessary delays but also wrongful tenancy termination.
In certain cases, landlords can legally send eviction notices to the tenants in Florida.
However, there are different types of eviction notices tailored to various circumstances.
The following are types of eviction notices in Florida.
According to Fla. Stat. § 83.56 (3)(2024) , a landlord can terminate the tenancy agreement when the tenant fails to pay rent due and the default continues for 3 days.
In this case, the landlord would serve a 3-day eviction notice under Florida law to either pay up or move out.
However, the counting days do not include Saturdays, Sundays, and legal holidays.
After the third day (as stated in the notice) if the tenant does not pay the rent or move out of the property, the landlord can file an eviction lawsuit to legally drive him out.
By Fla. Stat. § 83.56 (2) (b) (2024) , if a tenant fails to comply with the minimum standard set by the law, or violates the lease agreement or reasonable rules in the rental, the landlord can evict such tenant.
By serving a 7-day eviction notice to cure or quit, the tenant can either fix the violation or vacate the rental premises.
The notice should include the reason for the eviction and that if the same violation occurs again within 12 months, the tenant is not entitled to further notice.
After serving the notice, if the tenant fails to cure the violation or moves out of the property, the landlord can continue with the eviction proceedings.
Under Fla. Stat. § 83.56 (2) (a) (2024) , a 7-day eviction notice can also be issued where;
In this case, the eviction notice must specify the reason for the eviction and the landlord’s intent to terminate the tenancy agreement.
Here, the tenant has no opportunity to remedy the default. The eviction notice only informs him to vacate the rental unit within 7 days.
If he fails to leave within that period, the landlord can proceed with the eviction lawsuit.
Where a holdover tenant remains in possession of the demised property without the permission of the landlord and fails to pay rent, the landlord can serve a 3-day eviction notice to move out of the premises – Fla. Stat. § 83.20 (2) (2024)
Here, the delivery of the notice shall be of a true copy, and may be left at the tenant premises if absent.
If a holdover tenant violates a written or oral agreement, the landlord can issue a 15-day eviction notice to either fix the violation or move out of the premises.
In such an instance, the tenant has only 15 days of receiving the notice to fix the violation or move out. Although some lease agreements may provide an extended notice duration. – Fla. Stat. § 83.20 (3) (2024)
Delivery of such notice may be by mail, hand delivery, or posting.
In Florida, landlords can only evict a tenant where there’s a violation of the lease agreement or the tenant fails to pay rent.
However, there are certain cases where the landlord can evict a tenant without a cause.
According to Fla. Stat. § 83.57 (2024) , where a tenancy has no specific duration, i.e., tenancy at will or tenants without a lease agreement, the landlord can evict them without giving reason for it.
In this case, an eviction notice is sufficient to terminate the relationship. The notice requirements depend on the duration of the tenancy.
The following are the notice requirements for different tenancy terms in Florida.
The first step to start the eviction process in Florida is to serve the tenant with an eviction notice.
The notice must clearly state the reason for eviction (e.g., nonpayment of rent, lease violation, etc.)
According to Fla. Stat. § 83.56 (4) (2024), the eviction notice for the following causes – nonpayment of rent, lease violation, and repeated violations, may be delivered through the following methods;
Landlords should endeavor to keep copies of the notice as proof of service which are important parts of evidence in court.
2. F iling an Eviction Lawsuit
After serving the eviction notice, and the tenant fails to either cure the default or vacate the premises, where applicable, the landlord may file an eviction lawsuit against the tenant.
The landlord or his authorized agent can file a complaint at the county court of the county where the premises are situated.
The complaint should include a description of the rental premises and reasons why the possession of the rental should be returned to the landlord.
The landlord should prepare the following documents during the filing; a copy of the eviction notice, lease agreement, affidavit of non-military status of the tenant, and other relevant information.
The court would then issue a summon which would be sent to the tenant, alongside the complaint.
The cost of filing in Florida’s courthouses is $185 (where no damages is involved), and up to $400 for evictions with damages that are up to $15,000 but less than $30,000.
3. Serving the Summons and Complaint
According to Fla. Stat. § 83.22 (2024), the summons and complaint can be served on the tenant through the following methods;
Where at least two attempts have been made through the above methods, and the tenant is nowhere to be found, the Sheriff shall serve the summon and complaint by attaching it to some part of the rental premises.
Where the delivery is made by attaching it to some part of the rental premise, the landlord shall also provide the court clerk with two additional copies of the complaint and two prestamped envelopes addressed to the tenant.
One of the prestamped envelopes shall be sent to the address designated by the tenant to be used to receive any notice, if not available, then to the residence of the tenant.
The second prestamped envelope shall be sent to the last known business address of the tenant. The clerk shall immediately mail the summons and complaints to the tenant by first-class mail.
The tenant has five days to respond to the complaint in writing. He must also pay the prescribed legal fees before responding to the suit.
If the tenant fails to respond after five days, the landlord may request a default judgment motion which would enable him to obtain a default judgment allowing him to evict the tenant.
4. Court Hearing and Judgment
After the tenant responds, the court would schedule a hearing in which both parties must make an appearance.
In court, the landlord must prove his grounds for eviction. The landlord is expected to bring the following documents; lease agreement or deed, proof of notice service, evidence of lease violation, witness (if needed), bank statement, etc.
The tenant must also defend his claim, and refute any claim made by the landlord in order to win the suit.
The judge would listen to both sides and make a ruling based on the credibility and relevance of each argument.
If the tenant wins, he may be ordered to remain in the rental unit. But if the landlord wins, he will be given a Writ of Possession.
The following are the defenses that can be used by a tenant to discredit the eviction notice filed by the landlord i n Florida.
5. Issuing a Writ of Possession
Following Fla. Stat. § 83.62 (1) (2024) , the writ of possession is issued to the sheriff by the clerk to put the landlord in possession of the rental property.
However, the sheriff can only execute the writ after a 24-hour notice has been conspicuously posted on the tenant’s premises.
In other words, after the tenant has been given notice of the writ, he has only 24 hours to leave the rental property or be forcibly led out by the sheriff.
However, this 24-hour timeline does not include weekends and legal holidays.
6. Executing the Eviction
Following Fla. Stat. § 83.62 (2) (2024) , the sheriff may execute the writ after the 24-hour timeline has passed. The tenant has the right to leave the rental immediately after the judgment is given or after notice of the writ.
Where the tenant remains in the rental after 24 hours, reasonable force may be used by the sheriff to evict the tenant.
The landlord has no right to physically drive the tenant out even after the writ has been issued.
However, the landlord may request that the sheriff stand by while he changes the lock of the rental and removes the personal property of the tenant, if left behind.
The sheriff may however charge a reasonable hourly rate for such service.
It’s important to note that the landlord and sheriff would not be liable for the damage to the personal property of the tenant after eviction.
