So You Want to End a Sunshine State Squatter Situation? A Guide to Eviction Notices in Florida (with Minimal Sunshine)
Let's face it, evicting a tenant is about as fun as getting sand in your swimsuit (and even then, the swimsuit dries out eventually). But if you're a landlord in Florida and your tenant's decided your rental property is their own personal theme park (minus the churros), then knowing the eviction notice laws is key.
Here's the down-low on how many days' notice you gotta give that unwelcome tenant to pack their metaphorical bags (and hopefully the literal ones they haven't unpacked since, well, forever).
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| How Many Days Notice Must Be Given To Evict In Florida |
The Notice Not-So-Mystery Box: Unveiling the Different Types
Florida eviction notices ain't a one-size-fits-all situation. They come in three delightful flavors, depending on why you're waving goodbye to your tenant:
The 3-Day Notice: This little firecracker is for when rent payments are MIA. Basically, it tells your tenant, "Pay up in 3 days, buttercup, or hit the road!" Important note: Weekends and holidays don't count in those 3 days, so plan accordingly.
The 7-Day Notice with a Side of "Cure" (Maybe): Did your tenant decide your pristine white carpet needed a Jackson Pollock-esque paint job with spilled red wine? This notice is for lease violations. The good news? The tenant might be able to "cure" the violation (clean the carpet, in this case) within 7 days and stay put.
The Unconditional 7-Day "You're Outta Here" Notice: Some lease violations are just dealbreakers (like using your bathtub as a personal swimming pool). This notice lets your tenant know they have 7 days to say sayonara, no exceptions.
But Wait, There's More! (The Not-So-Fun Part)
The number of days' notice you need to give also depends on your lease agreement. Here's the skinny:
QuickTip: Read in order — context builds meaning.
- No Lease? No Problem (Well, Kinda): If there's no lease, you can terminate a month-to-month tenancy with 30 days' notice.
- Leases with Lease Lengths: Ending a lease with a set end date (like a year-long lease) is usually pretty straightforward. You generally don't need to give notice if the lease isn't being renewed. However, some leases might require a heads-up depending on the length. For example, a year-long lease might require 60 days' notice.
Remember: This is just a crash course. For the legal nitty-gritty, consult a lawyer or check out official Florida landlord-tenant resources.
Eviction Notice FAQs: Your Burning Questions Answered (with Hopefully Less Burning)
How to Know Which Notice to Use?
This depends on the reason for eviction. Non-payment? 3-day notice. Lease violation? 7-day with chance to cure (for some violations) or unconditional 7-day notice. No lease? 30 days' notice (for month-to-month). Still unsure? Lawyer time!
QuickTip: Compare this post with what you already know.
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How Do I Actually Serve the Notice?
There are a few ways: deliver it personally to the tenant, have someone over 18 post it certified mail, or have a licensed process server deliver it.
What Happens After I Serve the Notice?
Tip: Don’t skip the details — they matter.
If the tenant doesn't leave or cure the violation, you can file an eviction lawsuit in court.
How Long Does the Eviction Process Take?
The eviction process can take several weeks, so be prepared for some waiting (and maybe some popcorn for those inevitable court dates).
Tip: Reread sections you didn’t fully grasp.
How Can I Avoid Eviction Notices Altogether?
Screen your tenants carefully, have a clear lease agreement, and be a responsive landlord. An ounce of prevention is worth a pound of eviction headaches!
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