As a Florida landlord, the eviction process can be daunting. Having a lawyer assist you in navigating the laws and procedures of the eviction process can help you evict a non-paying tenant quickly and efficiently.
Florida Landlord-Tenant law is governed by Florida Statute Chapter 83. Pursuant to Florida law, to evict a tenant from a residential property for non-payment of rent, a proper 3-day notice is the first step and is required per Florida Statute § 83.56(3).
(3) If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement. Legal holidays for the purpose of this section shall be court-observed holidays only. The 3-day notice shall contain a statement in substantially the following form:
You are hereby notified that you are indebted to me in the sum of dollars for the rent and use of the premises (address of leased premises, including county) , Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the day of , (year) .
(landlord’s name, address and phone number)Florida Statute § 83.56(3)
A proper Florida 3-day notice must list the tenant’s name, tenant’s address, amount the tenant owes, and date the notice was delivered to the tenant. Additionally, a proper 3-day notice must also list an address for the tenant to deliver the rent specified in the 3-day notice.
Delivery of a 3-day notice must be hand delivered or posted to the tenant’s front door. The day the notice is delivered does not count towards the 3-day notice period. Also, it is important to note that weekends and holidays do not count towards the 3-day notice period.
Knowing the steps and timelines to a Florida eviction are an integral part of the landlord eviction process. Depending on what stage of the eviction process you are in, you may need to file different documents to complete the process.