Landlord & Tenant Law – Notice of Eviction
In our current economic environment, more and more people are calling us with lease problems. They are behind in their payments and the landlord has threatened to evict them from their home. Eviction matters are governed by the laws of the State of Florida ( Florida Statutes – Chapter 83 ) and by the Florida Rules of Civil Procedure.
There are four different types of notices given to tenants for evictions. Each one is very specific in what it requires. Listed below are the different types of notices. A tenant must be given one of the following notices by either hand delivery or by posting the notice to the tenants door. After the required time has passed the landlord files a complaint with the Clerk’s Office.
THREE DAY NOTICE:
If a tenant has not paid his rent, the landlord is required to give his tenant a three day notice in writing to vacate the premises or pay the rent (stating the full amount of rent only that is due). After three full days (Excluding Saturdays, Sundays, and legal holidays) have elapsed from the date of the notice (not counting the date the notice is delivered to the tenant), if the tenant has not complied with the notice, the landlord then comes to the Clerk’s office and files his complaint for eviction of the tenant.
SEVEN DAY NOTICE (WITH CURE):
If the landlord has a tenant who is undesirable but the situation could be remedied within seven days (i.e. unauthorized pets, guest, or parking, etc.), the Seven Day Notice with cure could be given. The notice should state the non-compliance and give the tenant seven days to correct the problem or to vacate the premises. The tenant would be allowed to stay if he complied. If he does not comply, then the landlord would file a complaint for eviction based on the notice given. If this same conduct or conduct of a similar nature is repeated within twelve (12) months, the landlord can terminate the lease by giving a seven day notice without cure.
SEVEN DAY NOTICE (WITHOUT CURE):
If a tenant is undesirable with a serious non-compliance (i.e. destruction, damage or misuse of property; unreasonable disturbance, etc.), the Seven Day Notice without cure could be given. The notice informs the tenant the rental agreement is terminated and that no further rent will be accepted. It also lists the items of non-compliance. If the tenant has not moved in seven days, the landlord would file eviction proceedings.
FIFTEEN DAY NOTICE:
If the landlord needs possession of his property and it is not for any of the above reasons and the rent is paid on a month to month basis, he would give the tenant a fifteen day written notice to vacate the premises. The notice would state that the rental agreement is terminated and no further rent would be accepted. This notice should be given fifteen days prior to the rent being due. If the tenant does not vacate, the landlord would file his complaint for eviction. If a written lease agreement has been entered into, this section does not apply.
When the eviction complaint is filed, the clerk will issue a five day summons and send it to the sheriff for service on the tenant. The tenant will have five working days in which to file a written response to the summons with the Court or to vacate. If a written response is made, a hearing will be set before the judge assigned to the case and hearing notices will be sent to each party. If no response is made, the landlord may come back to the Clerk’s office with a Motion for Default,. The Sheriff’s Department will serve the tenant with a notice to vacate. If the tenant does not vacate the premises, the Sheriff will then proceed to evict the tenant. If the tenant should vacate the premises or pay the rent prior to the landlord filing their Motion for Default, the landlord should notify the Clerk’s office in writing and submit an Order of Dismissal for the Judge to sign.
Landlord and tenant matters are very serious matters which are heart rending and life changing. They can be very complex.
If you find yourself in such a position it is best to consult an attorney with substantial real estate law experience. There are so many different circumstances that a proper answer to your particular problem can only be obtained by a trained and experienced lawyer.
If you have any question regarding a landlord and tenant matter, our firm may be able to help you.
