Florida Eviction Notice Rules: 30-Day and 7-Day Explained
If you’re a renter in Florida and have received a notice from your landlord, it’s important to know exactly what it means. Florida law outlines the rules for 7-day and 30-day eviction notices, depending on your situation. This article explains what each notice means, how they’re used, and how you can protect your rights if you receive one.
Understanding Florida Eviction Notices
Eviction notices must follow the procedures set out in Florida Statutes Chapter 83: Landlord and Tenant Law (Part II)[1]. The type of notice you get depends on the reason the landlord wants you to leave, such as nonpayment of rent or a lease violation.
What Is a 7-Day Notice?
A 7-Day Notice is typically used when the landlord claims you’ve broken part of your rental agreement (other than not paying rent). Florida law has two main types:
- 7-Day Notice to Cure: If the problem can be fixed (like improper parking, having an unauthorized pet, or noise complaints), this notice gives you 7 days to correct it. If you ‘cure’ the violation within that time, the lease continues.
- 7-Day Unconditional Quit Notice: If there’s a serious or repeated violation (e.g., property damage, illegal activity, or a second violation in a year), the landlord can require you to move out after 7 days without a chance to fix it.
Both types must be given in writing and follow the format required by state law.
What Is a 30-Day Notice?
A 30-Day Notice to terminate most commonly applies to month-to-month rental agreements. Either you or your landlord can end a month-to-month arrangement by giving written notice at least 30 days in advance. No specific reason is needed, but the notice must be delivered according to state law.
Official Forms: What to Expect
Unlike some states, Florida does not provide government-issued eviction notice forms. However, the state’s civil courts require the following official form if your landlord sues in court (called a Complaint for Eviction):
- Form: Complaint for Eviction (Florida Supreme Court Approved Form 1.944)
When used: If you do not leave or fix the problem after receiving an eviction notice, your landlord may file this form to start an eviction case in county court.
How it works for renters: Once filed, you will receive official court papers (called a ‘Summons’ and a copy of the Complaint) explaining the case. You will have five days to respond in writing or raise any defenses.
View Complaint for Eviction (Form 1.944, Florida Courts)
If you have questions about forms, check with your local court or visit the Florida Courts Self-Help Center.
The Tribunal for Residential Tenancy Disputes
Florida eviction cases are handled by your County Court. There isn’t a separate housing board or tribunal; all legal disputes about rental housing go through the regular court system. For more, visit the Florida State Courts System.
Your Rights as a Florida Renter
- If you receive a 7-day notice, check whether the violation can be fixed. If so, you have 7 days to correct it before any court case can be filed.
- A 30-day notice cannot be used to evict you for not paying rent. For unpaid rent, landlords must provide a 3-day notice, not a 7- or 30-day notice.
- All notices must be in writing. If your notice was delivered verbally or seems incomplete, ask your landlord to provide a written version.
If you believe the notice was sent in error or you’re unsure about your legal options, consider contacting local legal aid or rental assistance services (see resources below).
What to Do If You Receive an Eviction Notice
It’s natural to feel stressed if you get an eviction notice, but there are clear steps to follow:
- Read the notice carefully: Is it for a ‘curable’ problem, or are you being told to move no matter what?
- Gather your lease and any relevant documents.
- If you believe the notice was unfair or incorrect, write down why and consider contacting legal aid.
- Take action before the deadline—curing the violation or moving out as required.
- If a court case is started, respond quickly and consider seeking legal help.
For more about responding to eviction lawsuits, see the Florida Courts Self-Help Center.
FAQs: Florida Notice Rules for Renters
- What is the difference between a 7-day and a 30-day notice in Florida?
A 7-day notice is used for lease violations, giving you a chance to fix the problem or requiring you to move depending on the violation. A 30-day notice is used to terminate a month-to-month lease without cause, requiring 30 days' advance notice. - Does my landlord need to give a reason with a 30-day notice?
No reason is required for a 30-day notice to end a month-to-month tenancy. However, the notice must be in writing and delivered properly. - Can I fight an eviction if I fix the problem listed in a 7-day notice?
Yes, if your notice allows you to cure the violation and you do so within 7 days, your landlord cannot proceed with eviction based on that issue. - What if I receive a 7-day notice but have already ‘fixed’ the problem?
Keep records to show the violation was addressed. Notify your landlord in writing with proof if possible. - Where can I find Florida’s landlord-tenant laws?
The official statutes are available from the Florida Legislature’s Chapter 83, Part II.
Key Takeaways for Florida Renters
- 7-day notices deal with lease violations; check if yours is ‘curable’. 30-day notices are for ending month-to-month leases.
- All notices must be written and delivered according to Florida law.
- If you receive a court summons for eviction, respond within five days.
Stay proactive and know your rights to respond effectively to any eviction notice.
Need Help? Resources for Florida Renters
- Florida State Courts System — Info on eviction process and court self-help
- Florida Statutes Chapter 83, Part II (Landlord and Tenant Law)
- Florida Legal Services: Get Help — Find free or low-cost legal advice
- Dial 2-1-1 in Florida for local housing and rental assistance referrals
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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