Notices Eviction

My Tenant is Not Paying Rent or Not Paying Rent Ontime

When can I use a 3 Day Notice to Pay or Vacate?

If a tenant does not pay rent when due according to the rental agreement, then the landlord can serve on the property a 3 Day Notice to Pay or Vacate.

The 3 Day Notice to Pay or Vacate notifies teh Tenant that rent is late and due within 3 days (excluding the day served, weekends, and legal holidays) of serving the notice. Serving the tenant notice is required before the evction complaint may be filed in court. an eviction case can only be filed after expireation of the time period on the notice.

*The information on this website is not legal advise, nor a substitute for legal advice. Speak with an experienced Florida eviction lawyer to discuss your specific facts, adn to review Florida Eviction Law.

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see Florida Eviction Law: 83.20 and 83.56

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My Tenant is in Non-Compliance of the lease or law (other than rent)

When can I use this notice?

7 Day Notice is served on a tenant following a violation of lease or law other than non-payment of rent. After serving a 7 Day Notice, the tenant has 7 days to cure the violation. If the same non-compliance is repeated within 12 months, the landlord may terminate the tenancy without giving teh tenant an opportunity to cure the non-compliance.

Some examples of curable violations include: unauthorized pet, unauthorized tenant, parking in unauthorized parking spot, failing to keep premises clean and sanitary.

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see Florida Eviction Law: 83.56(2)(b) and 83.56(2)(a)

When can I use this notice?

Some examples of non-curable violations include: willful destruction, damage, or misuse of landlord's or other tenants' property by intentional act, or continued or subsequent unreasonable disturbance, repeated violations after 7 Day Notice to Cure.

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see Florida Eviction Law: 83.56(2)(b) and 83.56(2)(a)

Terminating Month-to-Month Tenancy

When can I use this notice?

If you are the landlord, you may terminate a month-to-month tenancy by posting a 15 Day Notice of Termination of Month-to-Month Tenancy at the property.

A 15 Day Notice to Terminate is appropriate if there is a written Month-to-Month rental agreement, or if there is an oral rental agreement to pay rent.

If no written lease agreement exists, then Florida eviction law provides that an oral agreement for lease of lands or tenements shall be deemed a 'tenancy at will', and a tenancy at will may be terminated by either the landlord or tenant providing notice of termination of tenancy.

If the rent is due and payable monthly on the same date, and no written lease agreement exists, then the landlord may terminate a Month-to-Month tenancy by providing the tenant with a 15 Day Notice of Termination of Month-to-Month tenancy.

After I deliver a 15 Day Notice of Termination of Month to Month Tenancy, what happens?

If the tenant remains on the property after the expiration of the 15 Day Notice of Termination of Month-to-Month Tenancy, the landlord may file an eviction case in court for possession of their property.

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see Florida Eviction Law: 83.57.

Tenant Not Paying Rent (Mobile Home Park)

When can I use this notice?

If you are the landlord of a mobile home park, and the tenant is renting the lot but owns the mobile home.

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see Florida Eviction Law: 83.57.

Security Deposit

When can I use this notice?

If the landlord intends to make a claim against the tenant's deposit, then the landlord has 30 days, from the date the tenant vacated the property, to give the tenant written notice by certified mail of the intent to impose a claim and the reasons for imposing a claim.

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see Florida Eviction Law: 83.49.

Inspecting the Property

When can I use this notice?

The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. (Reasonable notice for the purpose of repairs is notice given at least 12 hours prior to entry, adn reasonable time for the purpose of repairs is between 7:30 a.m. and 8:00 p.m.

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see Florida Eviction Law: 83.53.

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