Florida 7 Day Notice to Vacate

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.

Note: 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 the 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.

Who: 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.

What: This is a 7 Day Notice to Vacate for Florida rental units.

When: Give this to a Tenant who re-offends or commits an incurable lease agreement breach as soon as the violation occurs.

PLEASE NOTE: 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.

Florida State Specific Documents

• Florida Landlord-Tenant Brochure (Chapter 83 Part II): This brochure was developed by the Florida Department of Agriculture and Consumer Services to answer frequently asked questions regarding landlord/tenant law.
• Florida 3-Day Notice to Pay Rent: In FL, a 3-day notice must be served before initiating eviction proceedings.
• Florida 7-Day Notice of Noncompliance: This form is used to give a Tenant 7 days to cure a Lease violation.
• Florida 7-Day Notice to Vacate: This form is used when a Tenant breaks the Lease and there is no option for the Tenant to cure the defect.
• Florida Complaint for Eviction and Damages: If a Tenant does not comply after a 3 and 7-Day Notice, Landlords can use this form to initiate eviction proceedings.
• Florida Notice of Right to Reclaim Abandoned Property (less than $500): This form notifies the tenant that they have abandoned property remaining in the rental unit. This notice is used when the property is valued under $500.
• FL Notice to Reclaim Abandoned Property ($500 or more): This form is used if a former tenant has left personal belongings in the rental unit after vacating. The value of such items is estimated to be $500 or more.
• Florida Notice to Impose a Claim on the Security Deposit: This form must be used whenever Landlords withhold a portion of the Tenant’s security deposit.

State-Specific Forms