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
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. For
more information about our how attorney can help,
please click here.