As a landlord in Florida, knowing which eviction notice to serve—and when—is crucial for a smooth and legally compliant eviction process. Serving the wrong notice or failing to follow the proper procedures can lead to costly delays or even dismissal of your eviction case. This guide breaks down the different types of eviction notices in Florida, their legal requirements, and when to use each one.
Why Eviction Notices Matter
Florida law requires landlords to provide tenants with proper notice before initiating an eviction. The type of notice you serve depends on the reason for eviction. These notices serve as the first legal step in removing a tenant and give them an opportunity to correct the issue or vacate before formal eviction proceedings begin.
Types of Eviction Notices in Florida
1. 3-Day Notice to Pay Rent or Vacate (For Non-Payment of Rent)
- When to Use: If a tenant has failed to pay rent on time.
- What It Means: The tenant has three business days (excluding weekends and holidays) to either pay the past-due rent or vacate the property.
- What Happens Next:
- If the tenant pays, the eviction process stops.
- If they fail to pay or leave, the landlord can file an eviction lawsuit.
- Key Legal Requirement: The notice must only demand rent—not include late fees, utilities, or other charges.
2. 7-Day Notice to Cure (For Lease Violations That Can Be Fixed)
- When to Use: If the tenant violates the lease but can remedy the issue (e.g., unauthorized pets, unapproved occupants, failing to maintain the property).
- What It Means: The tenant has seven days to correct the violation or face eviction.
- What Happens Next:
- If the tenant corrects the issue, they can stay.
- If not, the landlord can proceed with eviction.
- Key Legal Requirement: The notice must clearly state the violation and what the tenant needs to do to fix it.
3. 7-Day Unconditional Notice to Vacate (For Severe Lease Violations)
- When to Use: If a tenant commits a serious violation that cannot be fixed (e.g., significant property damage, criminal activity, illegal drug use, or repeated lease violations).
- What It Means: The tenant has seven days to vacate with no option to cure the violation.
- What Happens Next: If the tenant does not leave, the landlord can file for eviction immediately.
- Key Legal Requirement: The notice must specify the violation and why it warrants immediate eviction.
4. 15-Day (or 60-Day in Broward) Notice to Terminate Month-to-Month Tenancy
- When to Use: If you want to end a month-to-month lease without cause.
- What It Means: The tenant must vacate at the end of the rental period.
- What Happens Next: If the tenant does not leave, an eviction lawsuit can be filed.
- Key Legal Requirement:
- Statewide: Florida law requires at least 15 days’ notice before the end of a rental period.
- Broward County: A local ordinance requires 60 days’ notice to terminate a month-to-month tenancy.
How to Serve an Eviction Notice Properly
A notice must be properly served to be legally valid. Florida law allows three methods of delivery:
- Personal Delivery: Handing the notice to the tenant at the rental property.
- Posting on the Door: If the tenant is unavailable, the notice can be posted on the property in a conspicuous location.
- Certified Mail: Sending the notice via certified mail with return receipt requested.
⚠ Tip: Always keep a copy of the notice and document the date/time it was served in case you need proof in court.
What Happens If the Tenant Ignores the Notice?
If the tenant fails to comply with the notice (doesn’t pay rent, doesn’t fix the violation, or doesn’t move out), the next step is to file an eviction lawsuit (unlawful detainer action) in county court.
Final Thoughts: Getting Evictions Right the First Time
Using the correct eviction notice is the foundation of a smooth eviction process. Mistakes—like serving the wrong notice or failing to wait the required period—can lead to delays and legal setbacks.
🔹 If you’re unsure which notice to use or need assistance with an eviction, our firm can guide you through the process and ensure compliance with Florida law.