Eviction Notice Form
Finding the best Florida eviction notice form can sometimes feel
like searching for a needle in a hay stack. After all, a simple internet search will reveal so many different
versions of the 3 day eviction notice to
choose from, the typical landlord will probably throw up his or her hands in frustration. And with good reason --
Florida eviction laws are extremely technical and the slightest error in drafting or serving the eviction notice
will result in a landlord's inability to evict his or her tenant, even if that tenant has not paid the rental
As a result, it is important Florida landlords find an appropriate
eviction notice form that he or she can use in the eviction process. The Florida legislature, perhaps realizing
that this was a problem, has provided a free eviction form that can be used provided, however, that the landlord
substantially complies with the prescribed form. The eviction notice form mandated by the Florida Statutes is set forth below:
Date: [Insert the Date Notice Is Prepared - preferably it is also
the date the eviction notice will be served on the tenant]
To: [Insert the Name of the Tenant - this needs to be the name of the tenant as it
appears in the residential lease agreement]
You are notified that you are indebted to me in the sum of
$________________ [Insert the Amount of Rent and the Additional Rent Overdue] for the rent and use of the premises
located at___________________________ [Insert the Address of Rental Property], _____________________ [Insert the
City of the Rental Property], ________________________ [Insert the County of the Rental Property], now occupied by
you. That rent was due on _______________ [Insert the Day the Rent Was Due] and I demand payment of the rent or
possession of the premises within three days (excluding Saturdays, Sundays, and legal holidays) from the date of
delivery of this notice, specifically, on or before ___________________ [Insert the Date Calculated In Accordance
With the Applicable Florida Statute].
CERTIFICATE OF SERVICE
I certify that a copy of this notice has been furnished to the
above named tenant on ________________ [Insert Date of Service of Process], at ______________a.m. / p.m.,
1. ( ) Delivery
2. ( ) Posting in a conspicuous place on the premises.
[Insert the Name of the Landlord or the Property Manager]
[Insert the Address of the Landlord or the Property Manager]
[Insert the Telephone Number of the Landlord or the Property Manager]
Florida landlords should keep in mind, however, that just because
the 3 day eviction notice is easily printable and can seemingly can be used by just filling in a few blank spaces,
there are many technicalities that can leave the him or her exposed to a clever tenant. In other words, do not take
this form lightly and disregard its requirements as they are strictly construed and any mistake will be counted
against the landlord, using taking the form of the eviction action being dismissed.
Although the preparation and service of the 3 day eviction notice
occurs prior to the eviction action being filed with the Courts, it should be considered the first pleading of the
eviction action. This is so because the 3 day notice is a statutory precondition to the landlord's maintenance of
the eviction lawsuit -- if the notice fails, so does the eviction action.
Florida law requires that a properly filled out eviction notice
form be delivered to the tenant owing the past due rent. This eviction notice must be given in writing as oral
demands do not comply with the applicable statutes.
The statute also mandates that the exact amount of past due rent
be expressly set forth in the eviction notice and that no other charges other than "rent" or "additional rent" be
included in the demand. In a nutshell, this means that unless late fees, interest and attorney's fees are expressly
defined as rent in a written residential lease agreement, it is improper to include these sums in the notice to
vacate. Many landlords run into problems with this requirement since they simply assume that if the lease says they
can get those charges in the event of a default by the tenant, they add them to their eviction notices without
verify how those charges are defined in the lease. Accordingly, those landlords often face a rude awakening when
the eviction judge throws out their case as a result of an improper three day eviction notice.
Luckily, a landlord, while unable to include them in the notice to
quit (if not properly defined in the residential lease), can still obtain them in any award against the tenant once
the lawsuit is filed and the case proceeds to trial.
Of course, there are additional requirement to comply with when
using an eviction notice form. The landlord must also give the tenant the option of paying the past due rent or
vacating the property as of a date specified in the notice. If the landlord elects not to give the tenant both the
option to pay and the option to move out, the 3 day eviction notice will be deemed defective and the landlord will
not be permitted to evict the tenant, even if there is no dispute that the rental payments have not been
Finally, the landlord must advise the tenant of the exact date
upon which he or she must comply. This is known as the tenant's three day grace period. This only makes since
because it is only fair to let the tenant know what his or her deadlines are. The Florida 3 day eviction notice
cannot include weekends or legal holidays. Additionally, if the notice is sent to the tenant through the mail, five
additional days are required to be added to the applicable cure period, effectively giving the tenant eight days
(not including holidays or weekends) to respond to the eviction letter.
LEGAL DISCLAIMER: This article is written based on the current
status of Florida’s landlord and tenant laws, including the 3 Day Eviction Notice. However, this article is for
general knowledge only and is not intended, in any way whatever, to constitute legal advice. Prior to following any
recommendations listed in this article, please consult an attorney duly licensed in your state.