Florida 3-Day Notice to Vacate for Non-Payment of Rent

Last Updated: January 20, 2023.

About this Form

This form letter is a legally-compliant "3-Day Notice to Vacate" due to nonpayment of rent in Florida. It is professionally crafted to meet the requirements outlined in Florida Statutes § 83.56. This form letter serves as the first step in the eviction process, giving the tenant the option to either pay all past-due rent within 3 days of receipt of this letter or vacate the premises. The form letter is a standard, unlocked Microsoft Word document, reusable, customizable to fit your specific situation, and can be downloaded immediately after purchase.

Overview of the Process for Providing a Notice of Termination for a Residential Lease in Florida

The process for providing a notice of termination for a residential lease in Florida is governed by Florida Statutes § 83.56. This statute sets out the requirements for a landlord to legally terminate a tenancy for non-payment of rent.

Notice to Vacate

Before a landlord can file for eviction, the landlord must give the tenant a notice to vacate. This notice must be in writing and inform the tenant that they have three days, excluding Saturdays, Sundays and legal holidays, to vacate the property or pay the unpaid rent. If the tenant does not vacate the property or pay the rent within three days, the landlord may file a suit for eviction with the court of Florida.

Proper Service of the Notice to Vacate

The landlord must properly serve the notice to vacate on the tenant. This service can be accomplished by hand delivering the notice to the tenant or by mailing the notice to the address of the rental property to the tenant's attention via certified mail, return receipt requested. The notice must also include the landlord's demand for the past due amount or possession of the property within three days, the date of delivery, the name and address of the landlord, and the phone number. The notice must satisfy specific language requirements set forth under Florida law.

Court Hearing and Writ of Possession

Once the eviction suit has been filed, the tenant will be served with a summons, informing them of the court hearing date and time. The tenant will have the opportunity to contest the eviction by appearing in court and presenting a defense. If the court finds in favor of the landlord, a writ of possession will be issued, allowing the landlord to have the tenant removed from the property. It is important to note that a landlord must wait for a writ of possession before physically removing the tenant or their belongings from the property.

Compliance with Florida Statutes

Landlords must understand and comply with the notice and eviction procedures outlined in the Florida Statutes, as failure to do so could result in civil penalties and even criminal charges.