Florida Evictions Laws

Causes for Removal of Tenants

Florida Eviction Statute 83.20 Cause for Removal of Tenant

83.20 Causes for removal of tenants.—Any tenant or lessee at will or sufferance, or for part of the year, or for one or more years, of any houses, lands or tenements, and the assigns, under tenants or legal representatives of such tenant or lessee, may be removed from the premises in the manner hereinafter provided in the following cases:

Where such person holds over and continues in the possession of the demised premises, or any part thereof, after the expiration of the person’s time, without the permission of the person’s landlord.
Where such person holds over without permission as aforesaid, after any default in the payment of rent pursuant to the agreement under which the premises are held, and 3 days’ notice in writing requiring the payment of the rent or the possession of the premises has been served by the person entitled to the rent on the person owing the same. The service of the notice shall be by delivery of a true copy thereof, or, if the tenant is absent from the rented premises, by leaving a copy thereof at such place.
Where such person holds over without permission after failing to cure a material breach of the lease or oral agreement, other than nonpayment of rent, and when 15 days’ written notice requiring the cure of such breach or the possession of the premises has been served on the tenant. This subsection applies only when the lease is silent on the matter or when the tenancy is an oral one at will. The notice may give a longer time period for cure of the breach or surrender of the premises. In the absence of a lease provision prescribing the method for serving notices, service must be by mail, hand delivery, or, if the tenant is absent from the rental premises or the address designated by the lease, by posting.

History.—s. 1, ch. 3248, 1881; RS 1751; GS 2227; RGS 3535; CGL 5399; s. 34, ch. 67-254; s. 20, ch. 77-104; s. 2, ch. 88-379; s. 1, ch. 93-70; s. 437, ch. 95-147.

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Termination of Rental Agreement (Non-Payment of Rent)

Florida Eviction Law 83.56(3) Termination of Rental Agreement for Non-Payment of Rent

83.56(3) Failure to Pay Rent

83.56(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)

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Termination of Rental Agreement (Non-Curable Non-Compliance)

Florida Eviction Statute 83.56(2)(a) Termination of Rental Agreement (Non-Curable Non-Compliance)

83.56(2)(a) Termination of Rental Agreement for Cause. 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.

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Termination of Rental Agreement (Curable Non-Compliance)

Florida Eviction Statute 83.56(2)(b) Termination of Rental Agreement (Curable Non-Compliance)

83.56(2) Termination of Rental Agreement for Cause. 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:

(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.

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Termination of Month-to-Month Rental Agreement

Florida Eviction Statute 83.57 Termination of Tenancy without Specific Term

83.57 Termination of Tenancy Without Specific Term. A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provides in s. 83.56(4), as follows:

When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period;
When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period;
When the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period; and
When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.

History.—s. 2, ch. 73-330; s. 3, ch. 81-190; s. 15, ch. 83-217.

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Landlord Accepts Rent After Non-Compliance

Florida Eviction Statute 83.56(5)(a) Landlord Accepts Rent After Non-Compliance

83.56(5)(a) Landlord Accepts Rent

83.56(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:

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;
Place the amount of partial rent accepted from the tenant in the registry of the court upon filing the action for possession; or
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.

83.56(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.

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Select Florida Eviction Laws

Causes for Removal of Tenants

Florida Eviction Statute 83.20 Cause for Removal of Tenant

Termination of Rental Agreement (Non-Payment of Rent)

Florida Eviction Law 83.56(3) Termination of Rental Agreement for Non-Payment of Rent

Termination of Rental Agreement (Non-Curable Non-Compliance)

Florida Eviction Statute 83.56(2)(a) Termination of Rental Agreement (Non-Curable Non-Compliance)

Termination of Rental Agreement (Curable Non-Compliance)

Florida Eviction Statute 83.56(2)(b) Termination of Rental Agreement (Curable Non-Compliance)

Termination of Month-to-Month Rental Agreement

Florida Eviction Statute 83.57 Termination of Tenancy without Specific Term

Landlord Accepts Rent After Non-Compliance

Florida Eviction Statute 83.56(5)(a) Landlord Accepts Rent After Non-Compliance

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