What to Do When Served an Eviction Notice in Florida
The first formal document a Florida tenant receives in the eviction process will be a written notice from the landlord. This notice does not mean the tenant has to leave before the deadline stated on the tenancy. Instead the deadline marks the point at which the landlord can begin legal proceedings in court. The options open to the tenant upon receiving such a notice depend on the stated reason for the eviction.
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End of Lease
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If a fixed term lease has come to an end, or a landlord wants to end a tenancy that does not have a lease, you not have an inherent right to extend the lease. Although you can request the landlord changes his mind, your only legal option is to check the notice period is valid. Usually this will be 60 or 90 days with a written lease but depends on what the lease says, and one month where there is no written lease.
Non-payment of Rent
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If you are behind with the rent, even by a day, the landlord can issue you three days' notice to pay the outstanding rent or leave. You will have until the end of the third day after receiving the notice to pay up, but weekends and public holidays don't count towards the total. If a public holiday falls on a Sunday, the next day (Monday) is also counted as a public holiday.
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Lease Violations
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If you have violated a lease term, the landlord can issue you seven days' notice to fix the problem or leave. Depending on the term you have violated, it may not be possible to fix the problem, meaning you must leave or face the legal process.
Legal process
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Once a notice period expires and you remain in the house without paying the overdue rent or fixing a lease breach where applicable, the landlord can file complaint against you. You will then receive a summons from the court. If you do not reply to this within five days you will lose the case by default; if you do, you can appear at a hearing at which you may win if you successfully challenge the landlord's claimed facts.
If you lose the case, by default or at a hearing, the court can issue a writ of possession. This allows the sheriff to give you 24 hours' notice before physically evicting you. If you lose the case and have a good reason why you cannot leave promptly, such as having a sick family member at home, you should immediately file a request for a hardship extension. If granted, the court will allow you additional time to arrange to move.
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