Landlords are faced with many different challenges when it comes to managing their rental properties, but one of the largest problems is dealing with difficult tenants. No matter how thorough your tenant screening process may be, sometimes it just doesn’t turn out well for you!

In this article we’ll cover

1. What is a Florida 7 Day Notice to Vacate form
2. What are the reasons you can use a Florida 7 day notice to vacate form
3. How to complete the Florida 7 day notice to vacate form
4. How to serve a Florida 7 day notice to vacate
5. What happens after you serve a Florida 7 day notice to vacate form
6. Difference between a 7 Day Notice To Cure Vs. 7 Day Notice To Vacate

What is a Florida 7 Day Notice to Vacate form

A Florida 7 Day Notice to Vacate form is a legal document used by landlords in the state of Florida to notify tenants that they must vacate the property within a week. The notice gives the tenant exactly seven days to vacate the premises. It typically specifies the reason for the eviction, such as a lease violation, breach of contract, or failure to comply with other important legal requirements. 

Typically, landlords will serve this notice on the tenant directly, either by delivering it in person or by mailing it using certified mail. Once served, the tenant has seven days to vacate the property. Failure to do so may result in further legal action taken against them by their landlord.  The landlord can begin formal legal proceedings to formally evict them from the property.

 So if you are a landlord in Florida and your tenant has violated your lease agreement, be sure to use a Florida 7 Day Notice to Vacate form. It’s an essential document for protecting your rights and interests as a landlord against lease violations. This is an important first step that landlords need in order to legally remove unwanted and problematic tenants from their property. 

What are the reasons you can use a Florida 7 day notice to vacate form (When should you use a Florida 7 day notice to vacate form)

The first thing you’ll need to do is to serve them a notice to vacate. The type of notice to vacate you give your tenant all depends on the reason you want them to leave. While a 3 Day Notice to Vacate is specifically for non-payment of rent, a Florida 7 Day Notice to Vacate for non-monetary violations.

As any landlord knows, tenants can be a tricky business. One day they're the perfect tenant, paying their rent on time and keeping the property in pristine condition. The next day, they're causing problems and refusing to pay rent.

As stated before, your tenant not paying rent is not a reason to use a 7 day notice. For unpaid rent you’ll use a 3 day notice. Remember, a 7 day notice is for non-monetary damages. Something like causing damage to your property is a reason to use a 7 day notice to vacate form. Maybe they're being disruptive to other tenants. That’s another reason. Or maybe they're just generally making your life difficult. 

 The 7 day notice tells the tenant that they must vacate the premises within 7 days or the landlord will start eviction proceedings.  Remember you can only use this form if the tenant has violated their lease in some way.  Otherwise, if you don’t have a valid reason for using this form, the tenant may be able to fight their eviction in court. Whatever the reason, if you've had enough and you want them gone, the Florida 7 day notice to vacate form is your friend.

So don't wait until it's too late - make sure you're prepared with this essential piece of landlord-tenant law. trust us, you'll be glad you did.

How to complete the Florida 7 day notice to vacate form

You've finally reached the point where you can no longer tolerate your current tenant and you’ve decided they should move. But wait! Before you start packing their things for them, you need to make sure you've correctly filled out a 7 day Notice to Vacate Form. Use these simple instructions and you'll have it filled out in no time. First, you will need to obtain the necessary form for your specific situation on-line or at your local courthouse. Next, you will need to fill out the form accurately and completely.

First, write your name and address at the top of the form. 

Next, the tenant's name and address must be provided. 

The landlord must then specify the date on which the lease will be terminated. In most cases, this will be seven days after the date on which the notice was received. 

You'll also need to provide a reason for leaving, such as the end of your lease or breach of contract.

Finally, once you've filled out this section, you'll need to sign and date the form. Be sure to keep a signed copy for your records!

Be very careful when calculating the 7 days. Day 1 is not the day the notice is served. You’ll start counting days on the following day. The exception to this is if the day that follows service is either a weekend or a legal holiday. In this case, you’ll begin counting on the first non-holiday business weekday after service. The same goes for the last day of your notice. If the 7 days end on a weekend or legal holiday, you’ll have to extend your count for the last day to the next business weekday. If for any reason you’re unsure of the count, there’s no law against adding an extra day or two. It’s better to give more days than necessary than to give less. In the case where your tenant is aware of state law or they hire an attorney to fight their eviction, you don’t want your case thrown out of court over not giving them the right amount of days because you didn’t realize Monday was a holiday.

Once the landlord has completed the form, the notice can be delivered to the tenant either in person or by mail. The tenant then has seven days to vacate the property. And that's all there is to it! Just remember - if your tenant doesn't follow through with moving out within seven days, your next step is filing an eviction in the Florida courts.

How to serve a Florida 7 day notice to vacate

Evictions can seem like a daunting task. If you are a landlord in Florida, it is important to familiarize yourself with the process of serving a 7 day notice to vacate. But luckily, there is a simple process that you can follow to make sure that your tenant gets the proper notification in order to evict them from your property. To complete the notice process successfully, it is also important that you follow all legal requirements laid out by your state's landlord-tenant laws. With careful attention and good planning, however, serving a Florida 7 day notice to vacate should be quick and easy!

Once your form is filled out, you will need to serve it. 

You can deliver the form in person. You can do this or you can hire a process server. The benefit of a process server is they can help you to properly fill out and file the notice with the court if it goes further, 

You or your process server can post it (tape it on tenants window or door) on your property for your tenant to see.  

Another option is to mail the notice via certified or priority mail with delivery confirmation and keep proof of postage

It’s crucial that this notification is completed in compliance with all applicable Florida laws, as otherwise it could be considered invalid and ineffective. Once your tenant has received the proper notice, they will have seven days to respond. If you post the 7 Day Notice to Vacate yourself, be sure and take a clear picture of the notice for your proof of service.

So there you have it, by following these steps, you can ensure that your tenant receives fair and proper notice of their pending eviction from your property. While serving a notice to vacate isn't anyone's idea of a good time, sometimes it's necessary in order to protect your rights as a property owner.

What happens after you serve a Florida 7 day notice to vacate form (What are the consequences of not complying with a Florida 7 day notice to vacate)

 Once the form is served, the tenant has seven days to either vacate the property or cure the lease violation. If the tenant does neither of those things, then the landlord can file for eviction.

If the tenant does not vacate the premises by 7 days, you can file an eviction lawsuit with the court. 

If the tenant does not provide a written response in the court to your lawsuit within the required legal time frame you’ll be rewarded with a default judgment

If your tenant does respond to your lawsuit within the required legal time frame a judge will hear both sides of the case and decide whether or not to issue an eviction order. 

If you win the eviction lawsuit, the court will issue a writ of possession. 

The writ of possession authorizes the sheriff to forcibly remove the tenant from the premises. 

If an eviction order is issued, then the sheriff will post it on the property and the tenant will have 24 hours to vacate. 

If they don't vacate within that time frame, then they will be forcibly removed from the property by the sheriff. 

The whole process can take several weeks, so it's important to be patient. 

Keywords (

What is a Florida 7 Day Notice to Vacate form and what is it used for, What is a Florida 7 day notice to vacate, When should you serve a Florida 7 day notice to vacate form, How do you complete a Florida 7 day notice to vacate form, How to file for eviction in Florida, What happens after the Florida 7 day notice to vacate is served

differences between a 3-day notice and a 7-day eviction notice

a three-day notice is the most common type of eviction notice

not paid the agreed monthly rent

curable means the lease violations can be fixed by the tenant within the seven (7) day time period

Non-curable can’t be fixed, so the tenant will simply be required to move-out either voluntarily or by eviction

Florida Statute 83.56(2)

)

7 Day Notice To Cure Vs. 7 Day Notice To Vacate

Meta Description: Unsure of the differences between a 7 day notice to cure and a 7 day notice to vacate? We break it down for you right here!

Florida has 2 different 7 Day Notices. One is the 7 Day Notice To Cure. You’ll use this notice when you want to give your tenant time correct their violation or warn them not to commit the violation again. The second type is what this article covers, the 7 Day Notice To Vacate. You’ll use this when you want your tenant gone. Below is a breakdown of the differences between these notices.

7 Day Notice To Cure

Gives tenant 7 days to fix the problem

Is not a serious lease violation

You want an eviction to be your last option

Examples of  curable violations are(smoking, noise complaints, etc.)

The tenant has to provide proof that the problem has been cured

7 Day Notice To Vacate (No Option To Cure)

You’ve previously given your tenant a 7 Day Notice To Cure and they have not complied under the terms of your lease

Gives tenant 7 days to leave the property

Serious lease violations and/or criminal activity

You no longer want them as a tenant

Examples of a non curable violation (drug activity, threatening behavior, excessive noise complaints for disturbing the peace, property damage, repeated lease violations within a short time frame)

The rental agreement is terminated immediately once this a No Option To Cure Notice is served

As an optional clause in your lease, you can specify the amount of time you will give your to vacate. Because state law supersedes your lease you cannot provide a time frame shorter than 7 days for lease violations. If your lease allows your tenant more time than 7 days then your notice has to comply with your lease.

This is why I  consider the lease as your first and last line of defense. As long as you comply with state landlord and tenant laws you your lease can be a powerful tool of protection. 

THE STATUTORY LANGUAGE FOR THE NOTICE WITH A RIGHT TO CURE IS:

You are hereby notified that (cite the noncompliance) . Demand is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination. If this same conduct or conduct of a similar nature is repeated within 12 months, your tenancy is subject to termination without further warning and without your being given an opportunity to cure the noncompliance.

(landlord’s name, address and phone number)

.    Show Source Texts    "You are hereby notified that (cite the noncompliance) ."

    "Demand is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination."

    "If this same conduct or conduct of a similar nature is repeated within 12 months, your tenancy is subject to termination without further warning and without your being given an opportunity to cure the noncompliance."

    "You are advised that your lease is terminated effective immediately."

    "You shall have 7 days from the delivery of this letter to vacate the premises."

This action was taken because (mention non-compliance).    Show Source Texts    "This action is taken because (cite the noncompliance) ."

FLORIDA STATUTE 83.52 - TENANT'S OBLIGATION TO MAINTAIN DWELLING UNIT:

The tenant at all times during the tenancy shall: (1) Comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes. (2) Keep that part of the premises which he or she occupies and uses clean and sanitary. (3) Remove from the tenant’s dwelling unit all garbage in a clean and sanitary manner. (4) Keep all plumbing fixtures in the dwelling unit or used by the tenant clean and sanitary and in repair. (5) Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators. (6) Not destroy, deface, damage, impair, or remove any part of the premises or property therein belonging to the landlord nor permit any person to do so. (7) Conduct himself or herself, and require other persons on the premises with his or her consent to conduct themselves, in a manner that does not unreasonably disturb the tenant’s neighbors or constitute a breach of the peace.