The Florida 7 Day Notice to Vacate is used for incurable violations or re-occurring offenses within a twelve (12) month period
The notice to vacate does not
give the tenant a chance to remedy a situation it only offers the option to vacate. If the tenant fails to vacate, the landlord may then file in rent court to schedule a hearing date.
If the renter's violation is curable and a first offense, this Notice to Vacate can only be served after
serving the renter with the Florida 7 Day Notice of Non-Compliance and waiting the required seven day waiting period.
As always, Florida landlords are warned never to attempt to force tenants out through any means other than the legal eviction process. Landlords may not threaten, intimidate or coerce tenants, and they cannot change the locks or remove any of the renters' personal belongings from the property without going through legal eviction process first. While the eviction process may be long and expensive, it is better than the alternative: landlords who break the law are subject to lawsuits, fines and even criminal penalties.
If you wish to speak with an attorney about evicting a delinquent tenant, here's a link to our Florida landlord-tenant lawyer directory
. In more complex cases, or cases where the renter is likely to challenge you at the court hearing, it is often worth spending some extra money to hire a landlord-tenant lawyer.
Give this to the tenant who was warned within the last twelve (12) months and re-offends or
to a tenant who commits an incurable lease violation.
This is a 7 Day Notice to Vacate for Florida rental units.
Give this to a Tenant who re-offends or commits an incurable lease agreement breach as soon as the violation occurs.
The seven day notice to vacate of a continuing or subsequent violation should be consistent
with the prior seven day notice to cure.
For example, you cannot issue a seven day notice to vacate for an unauthorized pet if the prior seven day notice to cure was for unauthorized guests. There must be uniformity between the two notices.