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.
Eviction Laws in the State of 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.
Types of Rental Agreements in Florida
There are various types of rental agreements in Florida. These are;
- Standard Residential Lease Agreement: This is a contractual agreement used between a landlord and tenant to rent a property in exchange for rent. This type of agreement binds both parties for a fixed term, usually a year.
- Month-to-Month Lease: This is a short-term rental agreement that binds a landlord and tenant. The rent agreement automatically renews every month, unless terminated by notice from either party.
- Sublease Agreement: This is an agreement where an existing tenant subleases the rental property to another tenant. This is however done with the agreement of the landlord.
- Roommate Agreement: This is a written contract between two or more individuals living together. It specifies the house rules and regulations, as well as living arrangements between each party. It usually outlines the rent payment format, house chores, etc.
- Commercial Leases: This type of lease agreement is used to rent a commercial space such as offices, factories, retail spaces, etc.
- Condo or Mixed Unit Agreements: A condo, short for condominium, refers to where a person owns their condo units within a larger complex or building. In this case, each condo owner would share ownership of common areas and facilities such as stairways, swimming pools, lobbies, etc. On the other hand, a mixed unit agreement refers to a property that serves both residential and commercial purposes. It can be a combination of condominiums and other types of building units within the same complex.
- Rent-to-Own Agreement: This is a type of rental agreement that allows the tenant to rent the unit, but with the option of purchasing it in the future, at a predetermined price.
Grounds for Eviction
In Florida, a landlord can only evict a tenant before his lease term expires for several reasons. These are;
- Non-Payment of Rent
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.
- Violation of Lease Terms
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;
- Permitting unauthorized pets, guests, or vehicles;
- Parking in an unauthorized manner or authorizing it;
- Failure to maintain the rental property, etc.
- Illegal Activity
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.
- Damage to Property
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.
- Non-Compliance With The Minimum Standards Set By Florida Law
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;
- Comply with the building, housing, and health codes
- Keep the premises which he or she occupies or uses clean and sanitary
- Remove all garbage in a clean and sanitary manner
- Maintain all plumbing fixtures in the rental unit
- Use and operate the facilities in the rental in a reasonable manner
- Avoid damaging the rental property in any manner
- Not constitute a nuisance to other tenants or neighbors, or disturb their peace.
- Holdover Tenancy
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)
Types of Eviction Notices in Florida
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.
Eviction Notices with Cause
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.
3-Day Notice to Pay Rent or Quit
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.
7-Day Notice to Cure or Quit
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.
7-Day Notice to Terminate for Repeat Violations
Under Fla. Stat. § 83.56 (2) (a) (2024), a 7-day eviction notice can also be issued where;
- The tenant commits a material violation or a violation that can not be cured;
- The tenant commits the same violation within 12 months of receiving an Eviction Notice To Cure Or Quit.
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.
3-days Notice to Quit
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.
15-day Notice to Cure or Vacate
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.
Eviction Notices without Cause
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.
- Year-To-Year Tenancy – Not less than 60days notice before the end of the annual term
- Quarter-To-Quarter Tenancy – Not less than 30days notice before the end of the quarterly term
- Month-To-Month Tenancy – Not less than 30days notice before the end of the monthly term
- Week-To-Week Tenancy – Not less than 7days notice before the end of the weekly term.
Eviction Process in Florida
1. Issuance of Eviction Notice
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;
- By mail or delivery of the notices’ true copy to the tenant;
- By leaving a copy of the notice in the tenant’s residence if he is absent.
Landlords should endeavor to keep copies of the notice as proof of service which are important parts of evidence in court.
2. Filing 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;
- Personal Service: By giving it to the tenant in person.
- Substituted Service: By leaving it with a person who is 15 years or older staying in the tenant’s usual abode.
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.
Tenant Defenses
The following are the defenses that can be used by a tenant to discredit the eviction notice filed by the landlord in Florida.
- Self-Help Eviction: It is illegal in the State of Florida for a landlord to conduct any self-help acts such as changing the locks of the tenant’s property, turning off utilities, taking the tenant’s property, etc. If a landlord engages in any of these acts, the tenant can use it as a ground to quash the eviction process. The landlord may also be liable for any damage or injury caused during the process.
- Improper Notice: In Florida, if the eviction notice is served improperly, e.g., by not waiting long enough before filing the eviction lawsuit or giving the wrong notice, the tenant may use it as a defense. In this case, the landlord may have to restart the whole eviction process.
- Retaliatory Eviction: According to Fla. Stat. § 83.64 (2024), it is illegal to increase rent or decrease service, and threaten to file an action for possession, based on the fact that the landlord is retaliating against the tenant. However, for the tenant to raise this defense, he must have acted in good faith. Examples of acts in which the landlord can not retaliate are; when the tenant reported a violation of a housing or building code, participated in a tenant’s organization, exercised his rights under the fair housing laws, etc.
- Landlord’s Failure to Maintain Premises: According to Fla. Stat. § 83.51 (2024), the eviction laws in Florida also provide a set of minimum standards for landlords in maintaining the rental property. To the extent that, a tenant can issue an eviction notice if such provisions are not complied with. Therefore, if a landlord is found in default of the provision of this section, the tenant may use it as a defense.
- Full Payment of Rent: For evictions based on non-payment of rent, if the tenant pays the rent in full and other associated fees before the court gives judgment, he may use it as a defense to cancel the eviction.
- Discrimination: It is illegal for landlords to discriminate against a tenant and evict such tenant based on their gender, race, religion, nationality, family status, and others. Fla. Stat. § 83.67 (2024) also provides that a landlord must not discriminate against a servicemember dwelling in the rental.
- Emergency Situation: In certain situations, the tenant may argue that an emergency (pandemic or natural disaster) has made it far too impossible for him to comply with the provisions of the lease. Here, the tenant may request sufficient time to fix the default. Also during emergencies, the governmental authorities may issue orders or moratoriums on evictions. Tenants may use this as a defense to prohibit or suspend the eviction.
- Waiver or Agreement: In a case where the landlord and tenant have a mutual agreement as to certain defaults or terms of the lease, and the landlord tries to claim otherwise, the tenant may bring up this point as a defense.
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.
Eviction Notice by States
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FAQs
If you’re wondering – How long does the eviction process take in Florida? It’s important to state that the timeline for evictions in Florida may vary based on the particular circumstances of the case. However, the eviction process in Florida may take an average of 15 – 37 days, but longer if appealed.
The eviction process in Florida begins with serving an eviction notice, filing an eviction lawsuit, serving summons and complaint to the tenant, obtaining a court judgment, issuing a writ of possession, and executing the writ.
The cost of evicting a tenant in Florida may vary, based on the circumstances of the case and the court’s county. There are various fees for different actions. The following are some of the fee requirements in Pasco County Court;
- Filing Fees – $185
- Summons Service – $10
- Writ of Possession Service – $85
- Counterclaims higher than $2,500- $295
However, these costs do not include legal fees, the cost of damages, and others.
Florida eviction laws allow the landlord to file an eviction lawsuit in the court of competent jurisdiction. However, certain stages are better handled by an attorney who understands the side of the law.
An illegal eviction in Florida includes changing the locks, turning off utilities, possessing the tenant’s property, and any other act intended to drive the tenant out of the rental without the court’s order.
Rich is an Entrepreneur, Real Estate Investor, and Lawyer licensed in Texas. He enjoys family, community, and work. He started Landlord Guidance in 2012 to help fellow landlords, and teach them that being fair and ethical with their tenants is the true path to long-term success.
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