Tenant Eviction Notices for Unpaid Rent in Florida

As a landlord in Florida, you have the option of legally evicting your tenants for overdue rent.

The landowner serves the tenant with an eviction notice, and upon receiving it, the tenant has three days to either pay the rent or leave. 

This blog post explains the procedure of evicting tenants for unpaid rent.

Rent Due Dates

Generally, rent is due on the first day of the month, whether it's on a weekend or holiday. However, some landlords may agree in the lease agreement to collect the rent on the second business day if it falls due on a holiday or a weekend. 

How to Time the Eviction Notice

Once a tenant delays or fails to pay rent, the landlord will serve him/her a 3-day eviction notice. The served tenant has three days to either pay his rent or leave the rental unit. Count of the three days begins on the day the tenant is served the notice. However, it is essential to note that holidays and weekends do not count as part of the three-day period. 

The Information Conveyed in the 3-Day Eviction Notice in Florida. 

In Florida, the eviction notice must contain the following statement:

"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 three 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)."

This statement has been served the Florida state law that governs three-day notices for tenant eviction and must be part of the eviction notice served to the tenant (see Fla. Stat. Ann. § 83-56(3)).

A good looking 3-day eviction notice should contain the following information as well.

1.       Date of issue

2.       A clear ultimatum that the landlord can file an eviction lawsuit if the tenant fails to pay or move from the unit, and lastly

 A statement that specifies how the eviction notice was served to the tenant. 

Tenant Options When Responding to a Three-Day Notice in Florida.

What follows depends on how the tenant responds to the notice. The options are as follows:

1. The tenant pays the rent within the three days period, and the landlord cannot evict him thereafter.
2. If he can't pay the claimed rent, move out within the three days, and the landlord uses his tenant security deposit to cover the unpaid rent.
3. If the tenant fails to pay the full rent and refuses to leave the unit, the landlord can proceed to file an eviction lawsuit.

Eviction Lawsuits in Florida 

For the landlord to legally repossess the property, he must first win the eviction lawsuit. Landlords do not hold the rights to take self-help actions such as changing locks or shutting off the utilities. Instead, they should follow the due procedure of the law.