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Florida Eviction Notice Process And Laws Template PDF Free Download
Florida Eviction Notice
A Florida (FL) Eviction Notice is a document that informs a tenant they’ve violated the terms of their lease, and they’re at risk of being forced out of the property.
Florida landlords are required to provide written notice to their tenant/s before they can end the lease and evict them.
Depending on the type of violation and terms of the lease, the tenant may be given a number of days to resolve the problem, such as paying late rent.
However, if the tenant continues to violate the rental agreement, the landlord can begin the eviction process.
For reference, a Florida eviction notice is also known as:
Florida Notice to Pay or Quit
Florida Notice to Comply or Quit
Florida Notice to Vacate
Florida Lease Termination
- Rent Grace Period: As specified on lease.
- Non-Payment of Rent: 3 days. § 83.56(3)
- Non-Compliance: 7 days. § 83.56(2)(a) & § 83.56(2)(b)
- Termination (Month-to-Month Lease): 15 days. § 83.57(3)
- Eviction Lawsuit: Forcible Entry & Unlawful Detainer. Chapter 82
Complaint for Eviction and Damages – This complaint is filed when the plaintiff is seeking eviction as well as unpaid rent and other money owed.
Complaint for Eviction re-Breach – The plaintiff will use this document if the defendant has breached the lease agreement in a manner other than non-payment of rent.
Complaint for Eviction – The plaintiff will use this document should they seek to evict for the non-payment of rent but they are not seeking damages.
Summons for Damages Complaint – This will be delivered to the tenant to notify them that there is a court case against them and that the landlord is officially seeking damages.
Summons for Eviction-Only Complaint – This summons will notify the tenant that there are no damages being sought by the landlord but that they are suing for eviction.
Tenant’s Written Response – The tenant will have five (5) days to respond to the claims for eviction and twenty (20) days should the landlord seek damages.
Motion for Clerk’s Default – Eviction only – This document is filed along with a Non-Military Affidavit should the tenant fail to respond within the five-day window.
It requests a default from the court clerk in favour of the landlord due to the tenant’s failure to respond.
Motion for Default Final Judgment – Eviction Only – This document is to request a final judgment in favour of the landlord from the judge handling the case.
It can be filed after the above Motion for Clerk’s Default.
Motion for Clerk’s Default with Damages – This document is filed with the Non-Military Affidavit to request a default judgment against the tenant from the court clerk for eviction plus damages.
Motion for Default Final Judgment with Damages – This motion is filed following the Motion for Clerk’s Default should the defendant fail to file a response.
It requests that the judge handling the case award a default judgment in favour of the plaintiff.
Non-Military Affidavit. – Indicates that the defendant is not in the military.
Filed in conjunction with the Motion for Default Judgment forms.
Final Judgment – Eviction – Completed by the judge should the landlord win the case.
It is legal proof that the defendant must leave the premises of the property and that possession be returned to the plaintiff.
Final Judgment – Damages – Completed if the judgment is in favour of the landlord.
This indicates that the tenant must leave the property and pay the damages owed.
Writ of Possession – A Writ of Possession once approved by the clerk of court and delivered to the Sheriff is used to notify the tenant that they have twenty-four (24) hours to vacate or they will be forcibly removed.
the Eviction Process in Florida?
Eviction is a straightforward process in Florida that requires a clerk’s judgment, followed by the judge’s order before a tenant can be removed from the rental property.
Step 1: Send the eviction notice
The landlord gives the eviction notice to the tenant by mail, hand-delivery, or by simply leaving it in a visible location at the rental unit if the tenant isn’t there.
Step 2: File the complaint and summons
The landlord must file the complaint and summons with the court clerk in the county where the rental property is located and pay any associated filing fees.
Step 3: Attend the court hearing
The landlord and tenant must appear in court on the assigned date.
If the tenant doesn’t respond, the landlord must file a motion for a clerk’s default judgment and a nonmilitary affidavit.
Step 4: File a motion for judgment
The landlord then must file a motion for final default judgment and an affidavit of damages, if applicable.
At this stage, the landlord should also provide the judge with a final default judgment order.
Step 5: Process the Writ of Possession
The landlord must get the court clerk to sign a writ of possession before action can be taken toward evicting the tenant from the premises.
Step 6: Call the sheriff
Check that the sheriff received the writ of possession. Once they have, you will be able to reclaim the property after a 24-hour window.
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Florida Eviction Notice Process & Laws Template PDF Free Download