Florida law gives landlords the right to start an eviction process for various reasons. Understanding the rules when you need to serve an eviction notice under Florida law will help you make sure you do everything correctly so the eviction will stand up in court if necessary.
Determine Reasons and Violations
You have legal standing to evict a renter in many cases in Florida. However, as a landlord, you’ll have rules you need to follow, too.
Your first step in the Florida eviction process is making sure you have adequate reason to evict a renter. This state allows landlords to evict renters in situations such as:
- Violations of the rental agreement
- Law violations, including local, state, and federal laws
- Not paying rent
- Being a nuisance, including making excessive noise
- Ending a fixed-term or month-to-month lease
You should also make sure that you have not violated any terms of the lease or laws. The eviction process in Florida includes allowing the renter the opportunity to be heard in a court hearing. To protect yourself legally, make sure that you:
- Comply with all of Florida’s laws regarding safety as well as housing, health, and building codes
- Maintain property common areas in a habitable manner
- Make all necessary and feasible repairs to your property
- Follow all rules and regulations of the Florida eviction process
Give Proper Notice
The rules you need to follow will depend on whether you have a reason for the eviction. You should always use a certified mail service when sending a Florida eviction notice so you have proof that the renter received the letter if you need to present it as evidence to support the eviction complaint later on.
The Florida eviction notice rules can get a little tricky depending on the situation, so here’s a guide for giving notice with or without cause:
Giving Notice for Termination With Cause
Eviction laws in Florida allow a landlord to end a tenancy early for various reasons, such as the renter violating the lease, not paying rent, or committing an illegal act. However, you must always first give a renter written notice before terminating a tenancy. The reason for termination will determine the type of notice you need to give:
Three-Day Notice to Pay Rent or Quit
You can give a renter notice of three days to pay rent or quit in the event they fail to pay their rent. Your notice must state that the renter has three days to either pay rent or move out of the unit, or you will terminate the tenancy. You can file an eviction notice at the end of those three days if the renter doesn’t pay rent or move out (but keep in mind the time frame doesn’t include holidays or weekends).
Seven-Day Notice to Cure
You can give a renter notice of seven days to cure, or correct, a violation of a rental or lease agreement. Your notice must inform the renter that they have seven days to become compliant with the rental or lease agreement, or you will terminate their tenancy. Again, you can file an eviction notice following those seven days if the renter doesn’t fix their violation within that period.
Seven-Day Unconditional Quit Notice
This type of notice gives you the right to terminate a tenancy following a period of seven days, proceeding with an eviction without giving a renter time to fix a violation. The notice informs the renter that they need to move out of the unit within seven days of receipt, or you will proceed with an eviction lawsuit. You can only use this kind of notice according to eviction rules in Florida if:
- The renter intentionally destroys rental property or property of other renters.
- The renter creates unreasonable disturbances.
- The renter repeats the same violation within a period of 12 months.
Giving Notice for Termination Without Cause
You can terminate a lease without a cause or the fault of the renter if the tenancy is month-to-month or for a fixed term. The rules vary here, too.
Month-to-Month Rental Agreements
You can give a renter written notice of 15 days if you want to terminate a month-to-month rental or lease agreement without cause. The notice must inform the renter that their tenancy will end at that time and that they must vacate the rental unit by the end of the period.
Fixed-Term Lease
If you have a fixed-term agreement with a renter (for instance, six months or a year), you must wait until the conclusion of that term to terminate a tenancy without cause. Unless the lease agreement requires you to, however, you do not need to give a renter notice to move out by the conclusion of the term in this case.
Let’s say you have a renter with a lease for a year that expires in March, and the renter doesn’t request a lease renewal. You do not need to give that renter notice to move out by the end of February (unless, of course, your lease terms require you to do so).
Tenant Eviction Defenses
As a landlord, you must also be aware of Florida tenant rights in an eviction. A renter can choose to fight the eviction, increasing the time any eviction lawsuit would take. A few valid defenses exist following Florida eviction rules, including:
- A landlord discriminating against a renter
- A landlord failing to maintain the unit according to Florida law
- A landlord making procedural mistakes, like not waiting long enough before filing an eviction lawsuit or improperly serving notice
Removal of the Renter
Florida landlord-tenant law for eviction also covers proper procedures for removing a renter. A landlord cannot force a renter to move out of their unit; the landlord can only remove a renter after the landlord wins an eviction lawsuit.
You still can’t remove the renter at that point, as only a constable or sheriff has the legal authorization to do so. Florida law makes it illegal for you, the landlord, to personally remove a renter from the property. Don’t miss our guide on constructive eviction laws to learn how to avoid it.
The Florida eviction process can seem daunting, but understanding the law will help you protect your rights as a landlord if you do need to evict a renter.
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