What Landlords Need to Know About the Florida Eviction Process

Three-Day Notice Rules

In order to seek eviction, the landlord must give the tenant a three-day notice of eviction, also known as a 3-day notice to pay rent or relinquish the property to the landlord. Under Florida law, the notice must be in writing and include 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 3 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).”

Delivery of Three-Day Notice

A landlord has the following options for serving the three-day notice:

1. Delivery in-person to the tenant by the landlord or landlord’s agent.
2. Mail the notice via regular, registered or certified mail. It is recommended that a landlord use registered or certified mail and request a return receipt to prove delivery.
3. Leave the notice in a conspicuous place at the rental property (i.e., taped to the front door).

If the notice is served improperly, the landlord must start the process anew.

The tenant then has three days from the date of notice to provide a remedy by either paying the rent or moving out. If the tenant chooses to challenge the eviction and fails to move out or pay the rent, then a landlord may file suit to evict the tenant.

Ejectment of Tenant

The landlord must secure an eviction order from the court to force removal. Otherwise, it is an unlawful eviction for which the tenant could reciprocate with a lawsuit for re-entry and damages.