In Florida, landlords need to follow two different paths to eviction, depending on whether the termination of the lease is due to a nonpayment of rent or some other lease violation. When a landlord decides to evict for nonpayment of rent, a 3-day notice is required to the tenants before eviction proceedings can begin. When a tenant is being evicted for a reason other than the nonpayment of rent, a landlord is required to provide a 7-day notice before beginning eviction.
After the notice is served, a landlord can proceed with the lease termination, which often results in an eviction. Once a tenant is served a 7-day-notice, some landlords will allow the tenants to rectify the situation before continuing with the eviction. For example, if a tenant is violating the lease by being excessively loud, the landlord may give him a chance to live quietly and not disrupt his neighbors. If the lease termination proceeds however, the tenant will have 30 days to vacate.
Landlord and tenant law in Florida can often be complicated. Before proceeding with an eviction, review the lease that is in place to make sure the eviction can be enforced, especially if it is for a reason other than the nonpayment of rent. Consider talking to Stephen K. Hatchey, an attorney who is experienced in residential property management law. Contact him at 813-549-0096.