Has your tenant failed to pay the monthly rent?
If yes, pursuant Florida Statute § 83, you can bring an eviction lawsuit to have them removed from your property. However, there are a legal set of procedures that must be strictly followed, and we can help you navigate through this process to make sure you get the tenant out as quickly as possible, and back into a situation where the property is cash flow positive.
What do I need to do to start an eviction lawsuit?
If you’re tenant has failed to pay their monthly rent, per the terms of your lease agreement you need to provide them with a, “Three (3) Day Notice” to “cure” the default. This means that they have three (3) days to pay the rent that is owed, or you can commence with filing an eviction lawsuit.
What’s in a Three (3) Day Notice?
There is very specific language and information that must be contained in a Three (3) Day Notice, per Florida Statute § 83.56, before a landlord can commence with filing an eviction lawsuit. If you’d like a free form template, “Three Day Notice” please click on the link to the right, and fill out the information and a form will be emailed to you at the address provided. By clicking on the link and submitting your contact information, you agree and acknowledge that NO attorney-client relationship is created. Furthermore, you agree that the Law Office of David Levine, P.A. has absolutely no liability to you for use of the free form Three (3) Day Notice, template being provided via email. Finally, you acknowledge that the Law Office of David Levine, P.A., recommends that you contact an attorney and discuss the specifics of your situation, so that the Three (3) Day Notice form may be specifically tailored with the assistance of an attorney to your unique situation.
How is the “Three (3) Day Notice” period calculated?
The Three (3) Day Notice period can be tricky to calculate. Per statute, you can not include Saturday, Sundays or Legal Holidays. Additionally, you can not include the day the notice is posted or personally delivered to the tenant, and if the Three (3) Day Notice directs the tenant to deliver the rent to a business that is not open 24 hours a day, you must give them an extra day per case law on the subject, to pay the rent. Consequently, the Law Offices of David Levine, P.A. strongly suggest that you consult with attorney about the specifics of your situation before posting a, Three (3) Day Notice, as it is very important to get the notice correct, so that your eviction lawsuit is not subject to a Motion to Dismiss.
Free Three (3) Day Notice
You agree that by utilizing the free form provided on this website, NO attorney client relationship is thereby created between you and the Law Office of David Levine, P.A.
The Law Office of David Levine, P.A. has absolutely no liability to you, in connection with your decision to utilize the free Three (3) Day Notice form provided.
You acknowledge that the Law Office of David Levine, P.A., recommends that you contact an attorney and discuss the specifics of your situation, so that the Three (3) Day Notice form may be tailored to your unique situation with the assistance of an attorney.
Finally, you agree that the Law Office of David Levine, may contact you utilizing the contact information provided to discuss your case, and may retain your contact information.
How long does it take to evict a tenant for failing to pay rent?
Typically, it takes 4 to 6 weeks. There are lots variables/factors that work into the equation that determines how long it will take to evict your tenant. For example, some of the variables are:
Once a Final Judgment of Eviction is entered, what’s the next step?
At the same time that a proposed Final Judgment of Eviction is submitted to the Judge, a Writ of Possession is submitted for issuance by the clerk, forthwith. Forthwith, is fancy attorney talk for right away, and directs the court to issue a Writ of Possession right away. A certified copy of the Writ of Possession must be sent to the Sheriff’s Office along with a check, and the Sheriff will go out to the property and post a notice on the door giving the Tenant/Defendant notice that they have 24 hours to vacate the premises. In reality, the Sheriff typically gives the Tenant(s), at least one full weekend to move out. There are multiple reasons for this delay: 1.) The Primary Reason is the Safety of the Officers – The act of physically evicting someone from a property can be dangerous, and the Sheriff would prefer if the tenant/defendant would simply move their own belongings out without having a physical confrontation. 2.) This gives the Tenant/Defendant time to actually move their belongings out, and hopefully saves you the time, hassle and expenses of having to deal with the Tenant/Defendant’s personal property and belongings that were in your property.
Once the Tenant moves out on their own, or the Sheriff removes them from the property – you need to immediately change the locks. You want to make sure that they do not re-enter/move back into the property. If you can change the locks yourself – great! If not, you should have a handyman or locksmith available to assist with the process.
These are just some basic variables/factors that weight into the equation for how long it may take to evict your tenant.
What are the Costs in Broward County, Miami Dade, or Palm Beach to file an uncontested eviction lawsuit? The costs can vary, but this is a general break-down of the estimated costs:
|One Tenant||Two Tenants||Three Tenants|
|Court Filing Fee||$185||$185||$185|
|Statutory E-Filing Convenience Fee||$3||$6||$9|
|Clerk Assessed Additional Fee||$10||$10||$10|
|Est. U.S. Mail Costs||$8||$8||$8|
|Attorney Fee (Uncontested Eviction)||$795||$795||$795|
|Writ of Possession||$90||$90||$90|
What constitutes an uncontested eviction?
An uncontested eviction is any lawsuit that is filed where the defendant does not file a response, and we’re able to get clerk’s default and judicial default entered without having to file any additional paperwork to strike the tenant’s response or other pleadings. If additional work is needed to complete the eviction process, this will be done on an hour basis, and this includes any necessary time spent preparing for and/or going to Court.
83.56 Termination of rental agreement.—
(1) If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s.83.51(1) or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties, as follows:
(a) If the landlord’s failure to comply renders the dwelling unit untenantable and the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable.
(b) If the landlord’s failure to comply does not render the dwelling unit untenantable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance.
(2) If the tenant materially fails to comply with s. 83.52 or material provisions of the rental agreement, other than a failure to pay rent, or reasonable rules or regulations, the landlord may:
(a) If such noncompliance is of a nature that the tenant should not be given an opportunity to cure it or if the noncompliance constitutes a subsequent or continuing noncompliance within 12 months of a written warning by the landlord of a similar violation, deliver a written notice to the tenant specifying the noncompliance and the landlord’s intent to terminate the rental agreement by reason thereof. Examples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the landlord’s or other tenants’ property by intentional act or a subsequent or continued unreasonable disturbance. In such event, the landlord may terminate the rental agreement, and the tenant shall have 7 days from the date that the notice is delivered to vacate the premises. The notice shall be in substantially the following form:
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 is taken because (cite the noncompliance) .
(b) If such noncompliance is of a nature that the tenant should be given an opportunity to cure it, deliver a written notice to the tenant specifying the noncompliance, including a notice that, if the noncompliance is not corrected within 7 days from the date that the written notice is delivered, the landlord shall terminate the rental agreement by reason thereof. Examples of such noncompliance include, but are not limited to, activities in contravention of the lease or this part such as having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary. If such noncompliance recurs within 12 months after notice, an eviction action may commence without delivering a subsequent notice pursuant to paragraph (a) or this paragraph. The notice shall be in substantially the following form:
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.
(3) If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement. Legal holidays for the purpose of this section shall be court-observed holidays only. The 3-day notice shall contain a statement in substantially the following form:
You are hereby notified that you are indebted to me in the sum of dollars for the rent and use of the premises (address of leased premises, including county) , Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the day of , (year) .
(landlord’s name, address and phone number)
(4) The delivery of the written notices required by subsections (1), (2), and (3) shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence. The notice requirements of subsections (1), (2), and (3) may not be waived in the lease.
(5)(a) If the landlord accepts rent with actual knowledge of a noncompliance by the tenant or accepts performance by the tenant of any other provision of the rental agreement that is at variance with its provisions, or if the tenant pays rent with actual knowledge of a noncompliance by the landlord or accepts performance by the landlord of any other provision of the rental agreement that is at variance with its provisions, the landlord or tenant waives his or her right to terminate the rental agreement or to bring a civil action for that noncompliance, but not for any subsequent or continuing noncompliance. However, a landlord does not waive the right to terminate the rental agreement or to bring a civil action for that noncompliance by accepting partial rent for the period. If partial rent is accepted after posting the notice for nonpayment, the landlord must:
1. Provide the tenant with a receipt stating the date and amount received and the agreed upon date and balance of rent due before filing an action for possession;
2. Place the amount of partial rent accepted from the tenant in the registry of the court upon filing the action for possession; or
3. Post a new 3-day notice reflecting the new amount due.
(b) Any tenant who wishes to defend against an action by the landlord for possession of the unit for noncompliance of the rental agreement or of relevant statutes must comply with s. 83.60(2). The court may not set a date for mediation or trial unless the provisions of s. 83.60(2) have been met, but must enter a default judgment for removal of the tenant with a writ of possession to issue immediately if the tenant fails to comply with s. 83.60(2).
(c) This subsection does not apply to that portion of rent subsidies received from a local, state, or national government or an agency of local, state, or national government; however, waiver will occur if an action has not been instituted within 45 days after the landlord obtains actual knowledge of the noncompliance.
(6) If the rental agreement is terminated, the landlord shall comply with s. 83.49(3).
History.—s. 2, ch. 73-330; s. 23, ch. 82-66; s. 6, ch. 83-151; s. 14, ch. 83-217; s. 6, ch. 87-195; s. 6, ch. 93-255; s. 6, ch. 94-170; s. 1373, ch. 95-147; s. 5, ch. 99-6; s. 8, ch. 2013-136.