Serving the tenant with an eviction notice is the first step in the eviction process. The eviction notice required in Florida for non-payment of rent
is this 3 Day Notice.
If your tenant fails to pay the rent, serve this eviction notice on them immediately. After three days, if the renter has still failed to either pay the owed rent or vacate, the landlord may file in court for an eviction motion. The court then sets a date for a hearing several weeks (or even months) later, and the landlord or his/her agent must appear to explain to the judge why they have filed for eviction. Landlords should be prepared to offer evidence, if any exists, that the tenant has failed to pay the rent.
The tenant may or may not bother to appear in court at the hearing. Unless the tenant offers compelling evidence that they did in fact pay the rent, the judge then allows the landlord to schedule an eviction date (also known as a put-out date). Usually this date is several weeks or months after the hearing date.
As you've probably noticed, the eviction process is lengthy and gives the renter ample time pay the back rent or vacate. Landlords should serve this Florida 3 Day Notice to Pay Rent on the same day that the rent becomes late.
The eviction process takes long enough as it is, without the landlord adding to the months that the tenant can live rent-free in the property.
Like all states, Florida does not allow "self help" or "do-it-yourself" evictions. Landlords should never, ever change the locks on occupied rental properties without going through the legal eviction process. Landlords and property managers cannot remove renters' personal belongings, threaten harm, intimidate or otherwise illegally pressure renters to pay rent or vacate. Plenty of landlords have been arrested for such antics
, or sued for hundreds of thousands of dollars.
Here's a quick overview of the Florida 3 Day Notice to Pay Rent:
Give this to the tenant who falls behind in rent beyond any grace period, if applicable.
This is the 3 Day notice required before a landlord may initiate court proceedings.
Serve this on the tenant three (3) days before initiating court proceedings.