Landlords may not initiate the eviction process without formally notifying tenants that their lease is over through a written notice. Landlords can then file an eviction lawsuit against the tenant though there are certain conditions that must be met beforehand. In the majority of cases, eviction becomes necessary because the tenant has violated terms of the lease that state the offense will result in automatic termination, or the tenant has failed to pay the rent.
These are some of the most common types of notices landlords may give:
- Pay rent or quit
- Cure or quit
- Unconditional quit
An unconditional quit notice is a final straw for tenancy; there is no more room for mishaps or excuses, especially for frequent occurrences such as repeatedly missing rent payments. Causing destructive damage to the property, or carrying out criminal activities are some examples of behaviors that would constitute an unconditional quit.
Florida’s Landlord-Tenant Laws
In Florida, when a tenant has been notified that they will be evicted, landlords can evict tenants for not paying the rent. The tenant will have three days to provide payment or will be forced to leave the property.
Under Florida Statute § 83-56, an eviction notice must contain the following message:
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).
These laws are intended to protect both landlords and tenants. Landlords can have reassurance that they can take action for disagreeable or noncompliant tenants. At the same time, tenants have the right to defend themselves and are given ample time to do so; the fact that people’s homes may be at stake is a matter that takes precedence over other types of civil lawsuits. These types of cases close within a matter of weeks, and hopefully with a fair resolution.
Richard S. Johnson and Associates, P.A. has over 20 years of experience helping people in Okaloosa County resolve a variety of legal issues.
