Eviction Process in Florida: Step 1 - The Eviction NoticeIn most instances, the process of eviction begins with service of a written notice upon the tenant. The amount of notice required depends upon the basis (reason) for the eviction. In most instances, a tenant is entitled to either 3 days or 7 days written notice that his or her tenancy is being terminated.
3-Day Notice for Nonpayment of Rent:
If you are evicting your tenant for nonpayment of rent, you serve a 3-Day Notice upon the tenant. If your written lease agreement with the tenant requires more notice than 3 days, you must comply with that provision in the lease.
In some instances, the a lease agreement may expressly provide that a landlord is not required to provide any notice at all prior to commencing a nonpayment action. However, it is strongly recommended that regardless of the language contained in a lease, a minimum notice of three days be provided to the tenant.
The actual notice form is quite simple. The 3-day nonpayment notice is a one-page form that, in most instances, a landlord can fill out and serve upon the tenant without assistance of an attorney. The form should state at the top, in bold print, "NOTICE FROM LANDLORD - TERMINATION FOR FAILURE TO PAY RENT"
7-Day Notice for Tenant's Nonmonetary Breach:
Sometimes, a tenant is in breach of a lease provision or legal obligation other than nonpayment of rent. For example, in some instances, eviction is necessitated by a tenant's course of conduct in damaging the rented premises. In such instances, Florida law requires that the landlord serve a 7-day notice upon the tenant. The notice should have, at the top, in bold print, the following language, "NOTICE FROM LANDLORD TO TENANT - NOTICE OF NONCOMPLIANCE FOR MATTERS OTHER THAN FAILURE TO PAY RENT". The notice of noncompliance must advise the tenant of how the tenant has failed to comply (breached) the lease. See Section 84.56(2) of the Florida Statutes.