Frequently Asked Questions

Yes, you can. However, many landlords prefer to use a process server to serve their tenant. A knowledgeable process server is an inexpensive safeguard — it prevents your tenant from using improper service as a defense. Improper service occurs when your tenant was served incorrectly or not at all.

Eviction notices do not need to be notarized. Just the signature of the person initiating the action on behalf of the owner is required. If the tenant doesn't comply by the deadline, your next step is to file for their removal at your local courthouse. The court does require one or more documents to be notarized at that stage.

You have the option to either accept or refuse partial payments. While there are always exceptions, it is highly recommended not to accept anything but payment in full. The cons heavily outweigh the pros. Accepting a partial payment after serving a notice may be considered a waiver of the notice in some circumstances.

• Constructive eviction — making living conditions uninhabitable (e.g., turning off water or electricity)
• Court agrees with tenant's proof of claim for withholding rent due to landlord's failure to provide essential services
• Tenant proves rent was actually paid
• Errors in the eviction notice or improper service
• Partial payment accepted after the notice was served
• Eviction violates the federal Fair Housing Act or Florida state law

Your next step is to file a complaint to evict in your local courthouse. A process server or sheriff will deliver a copy of the complaint to your tenant. The court gives the tenant additional time to respond or vacate. If the deadline passes, the court will issue a Writ of Possession that authorizes the sheriff to physically remove your tenant.

A Pay or Quit (also called a 3-Day Notice to Pay Rent or Vacate) is given when your tenant's rent is past due. This notice gives them a specified number of business days to pay the full amount owed or vacate before you file a complaint to evict in your courthouse. This is the most commonly issued notice in Florida.

A Cure or Quit notice (7-Day Notice to Cure) is given when your tenant has violated the terms of their lease in a way that can be corrected. They can stay if they fix the violation within the notice period. Common examples include unauthorized pets, excessive noise, or unauthorized occupants.

An Incurable (7-Day Unconditional Quit) notice is given when a serious or repeated violation has occurred. Illegal activities, threatening behavior, or repeated violations that were previously cured are examples of incurable violations. There is no opportunity for the tenant to fix the problem — they must vacate within 7 days.

A tenant who stays after their lease has expired becomes a month-to-month tenant. A Without Cause notice (15-Day or 30-Day depending on tenure) allows you to end the tenancy without needing a specific reason. You simply want them to move out. Florida law requires proper advance notice based on the type of tenancy.

You have four ways to deliver your eviction notice. Each has its own positives and negatives:

1. Hand deliver directly to your tenant
2. Post it to your tenant's door (posting and mailing)
3. Mail it — additional days required to account for delivery time; check local laws
4. Use a third party — process server or attorney

In Florida, business days are used to calculate notice deadlines — this excludes weekends and holidays. So a 3-day notice served on a Monday has a deadline of Thursday (the third business day).

If you're serving by mail, add 5 additional days to account for delivery. If your address is a P.O. Box (meaning the tenant cannot physically hand-deliver their response), you must add an additional 5 days.

UstayUpay calculates all deadlines automatically based on the date served, delivery method, and whether your address is a P.O. Box.

Mistake #1 — Wrong deadline. Not giving enough time for the tenant to respond is the biggest and most common mistake. This usually happens when landlords don't exclude weekends and holidays. When in doubt, add a few extra days to your deadline.

Mistake #2 — Including late fees. Many states, including Florida, have specific rules about whether late fees can be included in the amount demanded in a pay or quit notice. Your lease should also explicitly state your late fee policy.

No. Florida law allows landlords to represent themselves in eviction proceedings without an attorney. You're already losing money because your tenant isn't paying — why pay a lawyer hundreds of dollars to fill out forms you can complete yourself with UstayUpay?

The documents required vary by county, but a typical Florida eviction complaint packet includes:

• Complaint for Eviction (or Complaint for Eviction and Back Rent)
• Civil Cover Sheet (format varies by county)
• Non-Military Affidavit
• Summons (format varies by county)
• Owner's Authorization for Property Manager (if applicable)

UstayUpay generates the correct versions for your specific county automatically.

After filing, the court issues a Summons which a process server or sheriff delivers to your tenant. The tenant then has a set number of days to respond (typically 5 business days in Florida).

If the tenant doesn't respond, you file a Motion for Clerk's Default. If the clerk grants it, you then file a Motion for Default Final Judgment. Once the judge signs the Final Judgment of Eviction, the court issues a Writ of Possession — the document that authorizes the sheriff to physically remove your tenant.

UstayUpay generates all of these motion documents for you as well.