3 Day Eviction Notice

 

Notice To Vacate

The most common reason for service of a Notice to Vacate for non-payment of rent. However, a Florida landlord has the right to terminate a residential lease agreement for violations of other statutory or lease provisions.

This termination right arises in the context of two different types of violations: 1) non-curable violations, and 2) curable violations. In either event, prior to being permitted to terminate the lease, it is necessary that the proposed Notice to Vacate be prepared and served upon the tenant according to the requirements mandated by the Florida statutes. Obviously, however, the type of eviction notice to be served upon the tenant is a product of what type of violations the tenant is alleged to have committed.

NON-CURABLE VIOLATIONS:

The first category of violations -- the non-curable violations -- bestows upon the landlord the automatic right to terminate the tenant’s lease agreement. Accordingly, immediately upon the tenant’s commission of a non-curable violation, the landlord is permitted to evict the tenant after serving the proper Notice to Vacate.

As indicated by the name of the form used, a non-curable violation in one in which the tenant is not afford any right or opportunity to cure the wrong. Various examples of these types of violations include, but are not limited to: destruction, damage, or misuse of the landlord's property by an intentional act; destruction, damage, or misuse of another tenant's property by an intentional act; and commission of the same curable violation twice in a twelve month period.

The Notice to Vacate as a result of the commission of non-curable violations is also referred to as a 7 Day Notice. This type of eviction notice must be delivered advising the tenant exactly what violations have occurred and demanding that the tenant must vacate the premises within seven days after the delivery of the eviction letter by the landlord or the landlord’s agent.

The following is an example of a Notice To Vacate From The Landlord To The Tenant To Vacate Due To Non-Curable Violations:

Date: [Insert 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]

7-DAY NOTICE TO VACATE

You are advised that your lease is terminated effective immediately. You shall have 7 days from the delivery of this letter to vacate the premises. This action is taken because:

[cite noncurable noncompliances]

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, by:

1. ( ) Delivery
2. ( ) Posting in a conspicuous place on the premises.

________________________________________________
[Insert Name of Landlord or Property Manager]
[Insert Address of Landlord or Property Manager]
[Insert Telephone Number of Landlord or Property Manager]

CURABLE VIOLATIONS:

On the other hand, there are situations where the tenant has committed violations that are able to be cured. Examples of these curable violations include, but are not limited to: having unauthorized pets, guests, or vehicles; parking in unauthorized spaces; and failing to keep the premises clean and sanitary. In these types of situations, a landlord cannot evict a tenant for committing a curable violation unless the tenant fails to cure the violation within seven days of receipt of the notice of violation.

Please note, however, that if the tenant commits the same curable violation within twelve month of the first violation, that violation is deemed to be “non-curable” (at the landlord’s election) and the landlord can evict the tenant without giving the tenant a chance to cure the violation. Of course, this option is only available if, at the time of the first curable violation, the landlord delivered written notice to the tenant that if the same violation was committed within twelve months, that second violation would result in eviction.

The landlord is required to serve the tenant with written notice expressly specifying what the violation was, and the fact that the violation must be cured by the tenant within seven days of receipt of the notice, failing which the tenant will be evicted.

The following is a good form to use when serving a tenant with a Notice To Cure or Notice To Vacate due to curable violations:

Date: [Insert 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]

7-DAY NOTICE TO CURE NONCOMPLIANCE OR VACATE PREMISES

You are hereby notified that you are not complying with your lease in that

[cite curable noncompliance]

Demand is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination. If this same conduct or conduct of a similar nature is repeated within 12 months, your tenancy is subject to termination without your being given an opportunity to cure the noncompliance.

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, by:

1. ( ) Delivery
2. ( ) Posting in a conspicuous place on the premises.

_________________________________________________
[Insert Name of Landlord or Property Manager]
[Insert Address of Landlord or Property Manager]
[Insert Telephone Number of Landlord or Property Manager]

SERVICE OF PROCESS:

If the tenant does not respond to the Notice to Cure, the landlord can start the eviction process. Additionally, if the tenant does not remedy the violations to the landlord’s satisfaction, the landlord may begin the eviction proceedings. In that case, if the tenant disagrees with the landlord’s assessment, the trial court will be required to determine whether the tenant substantially complied with the notice. Finally, if the tenant responds within the required timeframe stating that the landlord has violated some provision of Florida law but does not otherwise cure the noncompliance, the landlord is free to commence the eviction action. Simply put, a tenant’s efforts to assert the landlord’s non-compliance is no justification for the tenant’s non-compliance.

In either case (i.e., the Notice to Vacate as a result of non-curable or curable violations, the landlord must serve the tenant with the eviction notice. The landlord can deliver these 7 day eviction notices in one of two ways. First, the landlord can mail the notice to the tenant. If the notice is mailed, the tenant is actually given twelve days to respond because the Florida Rules of Civil Procedure mandates that an additional five days be added to the seven day grace period. Please note that weekends and legal holidays observed by the Clerk of Court are not included in the seven days nor in the additional five days added by virtue of mailing.

The landlord can also personally deliver the eviction notice to the tenant. If the tenant is absent from the rental property, the landlord is permitted to leave a copy of the notice of eviction for the tenant so long as it is left in a conspicuous place. It is important to note, however, that if the landlord lists his or her address as a post office box (as opposed to giving a physical address), the tenant is afforded an additional five days to respond as he or she is entitled to use the mail to serve the response to the notice of eviction.

LEGAL DISCLAIMER: This article is written based on the current status of Florida's landlord and tenant laws, especially as related to the Florida 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.