Notice to Vacate (Florida)
Landlord’s Notice under the Florida Residential Landlord and Tenant Act (Fla. Stat. §§ 83.56, 83.57, 83.575)
Date of notice: [Date]
To: [Full name of each tenant] and all other occupants
Premises: [Street address, unit], [City], [County] County, Florida [ZIP]
Part A. Notice of Termination of Tenancy (§§ 83.57, 83.575)
[Use to end a tenancy without a default.] You are notified that the landlord is terminating your tenancy of the premises described above. Your tenancy is (check one):
☐ month to month: this notice is given at least 30 days before the end of the monthly period (§ 83.57(3))
☐ week to week: this notice is given at least 7 days before the end of the weekly period (§ 83.57(4))
☐ quarter to quarter: this notice is given at least 30 days before the end of the quarterly period (§ 83.57(2))
☐ year to year: this notice is given at least 60 days before the end of the annual period (§ 83.57(1))
☐ a lease with a specific duration ending on [Date], which will not be renewed: this notice is given within the notice period the rental agreement requires, which is [30 to 60] days (§ 83.575(1))
Your tenancy will end on [Date, the last day of a rental period or of the lease term]. You must vacate the premises and deliver possession to the landlord by that date. If you remain in possession without the landlord’s permission after that date, the landlord may recover possession through the court and may also recover double the amount of rent due for the period you refuse to surrender possession (§ 83.58).
Part B. Three-Day Notice to Pay Rent or Deliver Possession (§ 83.56(3))
You are hereby notified that you are indebted to me in the sum of $[amount] 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] day of [month], [year].
[Landlord’s name, address and phone number]
Part C. Seven-Day Notice to Cure (§ 83.56(2)(b))
You are hereby notified that [cite the noncompliance, with dates, for example an unauthorized pet, guest or vehicle, parking in an unauthorized manner, or failing to keep the premises clean and sanitary]. 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.
Part D. Seven-Day Notice of Termination without Opportunity to Cure (§ 83.56(2)(a))
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, with dates, for example intentional destruction, damage or misuse of the landlord’s or other tenants’ property, a continued unreasonable disturbance, or a repeat of a violation within 12 months of a written warning dated [date]].
Signature
Landlord or agent: [Name] · Address: [Address] · Phone: [Phone]
Signed: ___________________________ (landlord or authorized agent) Date: __________
Certificate of Delivery (§ 83.56(4))
I delivered this notice on [Date] at [Time] by (check one):
☐ delivering a true copy to [name]
☐ mailing a copy to the tenant at [address] (proof of mailing attached)
☐ e-mailing a copy to the tenant’s designated e-mail address [e-mail] under the signed electronic-delivery addendum (§ 83.505); a copy of the e-mail and evidence of transmission are kept
☐ leaving a copy at the residence, the tenant being absent from the premises: [describe where, for example securely attached to the front door]
Delivered by: ___________________________ (name and signature)
Before You Send (Delete This Section)
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Use one part only. Part A ends a tenancy without a default, Part B demands unpaid rent, Part C gives a chance to cure, Part D ends the lease without one. Delete the parts you do not use.
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Count the days correctly. The 3-day period excludes Saturdays, Sundays and court-observed holidays, and the date written in the notice must reflect that. A 30-day notice should end on the last day of a rental period.
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Demand only rent in a 3-day notice: the periodic payments for occupancy and any other payments the written lease designates as rent (§ 83.43).
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Partial payments. If you accept partial rent after delivering a 3-day notice, give the tenant a receipt with the date, amount and agreed balance, deposit the payment in the court registry when you file, or deliver a new 3-day notice (§ 83.56(5)(a)).
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Mailing takes time. The periods run from delivery, so allow for mail time or deliver the notice by hand.
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Federal rules. Properties with federally backed mortgages or federal housing assistance may require a 30-day notice to vacate for nonpayment under section 4024(c) of the CARES Act.