If you own some kind of property to rent it out, most likely, you know that some tenants might be rather disturbing. None of us wants the property to be damaged or destroyed; that is why we are looking for a way to protect ourselves from cases of inappropriate behavior. That is why humanity came up with a lease contract.
However, sometimes, when we already have a tenant occupying our property, we face such troubles as non-payments or “brigandage.” This is when we realize that we have to dispose of the tenants. To do this, you should use an Eviction Notice.
You can create a personalized Florida Eviction Notice Form using a specialized document builder that will get you through the process step by step:
You can also download a free Florida Eviction Notice Form template as a PDF file to fill and print it out yourself:
Eviction Notice Types in Florida
In Florida, there are three main types of Eviction Notes. Among these are the following:
- 3-Day Eviction Notice to Quit
- 7-Day Eviction Notice to Quit
- 15-Day Eviction Notice to Quit
The first one also referred to as Non-Payment of Rent, is the document that you use when the tenant does not pay for living in your apartment on time. As a landlord, you have the right to send them the notice, and they have three days to fix the situation. To do this, they have to either pay or leave.
The second option, also called Non-Compliance, is applied when the tenant does not follow the rules of the lease contract that he/she has to obey. These are some specific aspects rather than non-payment of the rent. In this case, there are two options as well: to solve the problem or to leave.
The last one, a so-called Month-to-Month Tenancy, does not necessarily imply any conflict situation. If for some reason, you decided to evict the tenant, you send this notice, and the tenant has fifteen days to leave the apartment.
Florida Eviction Laws and Requirements
For Florida residents, there are several points to consider if they are planning to create an Eviction Notice.
The first point concerns the Non-Payment of Rent form. In Florida, the tenant has only three days from the day he/she received the Notice to respond to it. However, Saturday, Sunday, and some holidays do not count as days to consider. The list of the holidays that are not to be counted as days of non-response is to be specified by the court, which deals with the application.
The second point covers a Non-Compliance form. For Florida landlords, they can apply, at first, a written warning concerning some rule violation. If the warning is ignored by the tenant for a year, then the landlord has a complete right to send the 7-days Notice to the intruder.
Actions to take
Among the actions which are considered as meaningful violations (except for non-payments) are the following:
- intentional destruction of the property
- intentional breakages
- or intentional misuse of the property by a tenant
The third point states that the landlord has no right to ask the tenant to leave the apartment before a 15-day period is over. The tenant has to find a new place of living; that is why he or she is allowed to use all 15 days to complete this task.
The last point to be considered is a rent grace period. According to Florida laws, a rent grace period is to be discussed by the landlord and the tenant individually before they sign a rent agreement. This period has to be pointed in this document.
What Is the Eviction Process in Florida?
The Eviction process in Florida is divided into several steps. They go as follows:
- Filling the form
As a landlord, you have to use an appropriate application form to fill. Consider what kind of situation you are dealing with and fill in the blank with details.
- Sending the Notice
Send the document you created to the person who occupies your apartments. Check out if the tenant’s name is mentioned correctly.
- Wait for the response
The chances are that the conflict will be resolved immediately. In this case, your mission will be over. Remember: depending on the case, your tenant has 3, 7, or 15 days to regulate the situation.
- If no response comes
If the tenant does not react to the notice, you are now allowed to file the complaint and summons. You have the right to address the court to help you solve the problem.
- After the court
Depending on the decision of the court, you will receive a so-called Writ of Possession. Writ of Possession is a document that has to be signed by both the Clerk of the Court and the Sheriff. When it is done, you are officially allowed to evict the tenant from your apartment.
A tenant receives 24 hours to take the personal belongings and leave the landlord’s property. If needed, the Sheriff will be present during the procedure of moving out and while the landlord changes the locks.