In Florida, serving a notice to a tenant depends on the type of notice and the situation. Here’s a breakdown of common types of notices and how to serve them:

1. Notice of Nonpayment of Rent (3-Day Notice)

This notice is served when a tenant has failed to pay rent.

How to Serve:

• Personal Delivery: The notice must be given to the tenant in person.

• Posting and Mailing: If the tenant is not home, you may post the notice on the front door of the rental property and mail a copy via regular mail. If serving by mail, you should also use certified mail with return receipt requested.

• Notice Contents: The 3-day notice must state the amount of rent due, the date due, and that the tenant has three days (excluding weekends and holidays) to pay or vacate the premises.

2. Notice of Termination of Tenancy (7-Day or 15-Day Notice)

This notice is served when a tenant violates a lease agreement or when a landlord decides to terminate a rental agreement.

• 7-Day Notice: Used for noncompliance with a lease agreement (e.g., violating terms of the lease like illegal activity or property damage).

• 15-Day Notice: Used for month-to-month tenants to end the lease.

How to Serve:

• Personal Delivery: Deliver the notice directly to the tenant.

• Posting and Mailing: If the tenant cannot be found, post the notice on the door and mail it to the tenant’s last known address.

3. Notice of Noncompliance with Lease (7-Day Notice to Cure)

If a tenant violates the lease agreement but the violation is curable (like having a pet when the lease prohibits pets), you serve a 7-day notice to cure.

How to Serve:

• Personal Delivery: Deliver the notice directly to the tenant.

• Posting and Mailing: If you can’t personally serve the tenant, you can post the notice at the property and mail it to the tenant.

4. Notice of Eviction

This is the final step if a tenant refuses to comply with a notice to pay rent or leave the premises. It’s used to initiate formal legal action to remove the tenant from the property.

How to Serve:

• Sheriff’s Office: A formal eviction notice must be served by the local sheriff or process server after a lawsuit is filed. The sheriff will personally serve the tenant with the notice of eviction (also known as a summons).

General Guidelines for Serving Notices in Florida:

• Proper Addressing: Ensure the notice has the tenant’s full name, the property address, the specifics of the issue, and the remedy or action required.

• Service by Posting: If posting the notice, the posting must be done on the front door or some other conspicuous place on the property.

• Mailing: Always mail a copy of the notice to the tenant’s last known address, even if you post it on the property.

• Documentation: Keep records of all notices you serve, including dates, methods of service, and copies of the notices. If the case goes to court, having proof of proper service is essential.

How to Evict Tenant in Florida

If you have a tenant who is not paying rent, then you can legally evict the tenant by filing a legal case.

An eviction case, also called an “unlawful detainer” case in Florida, is a legal action filed by a landlord to regain possession of a rental property when a tenant refuses to leave voluntarily. It’s not primarily about collecting money — it’s mainly about getting the tenant out.

In general, a straightforward eviction case in Florida — especially for nonpayment of rent — can take about 3 to 6 weeks from start to finish. However, the timeline depends on several factors, like how quickly the tenant responds, whether they contest the eviction, and how busy the local court and sheriff’s office are.

In total, landlords might expect to spend between $500 and $1,000 for straightforward, uncontested evictions. Contested cases or those involving significant damages can cost upwards of $3,000 to $4,000.

Step 1: Serve a Three-Day Notice

You must first serve the tenant a Three-Day Notice to Pay Rent or Vacate.

There is no official form number, but templates are available online and from local clerks or you can create this yourself using on a plain piece of paper.

Create Notice

This notice gives the tenant three business days (excluding weekends and legal holidays) to either pay the rent owed or move out. The notice must clearly state the amount due and where it can be paid.

You can deliver the notice personally, leave it at the property if the tenant is absent, or post it in a conspicuous place (like the front door).

Pet Fee: Can it be included?

Common Mistakes in the Notice Served

Here’s a list of common mistakes landlords make in notices to tenants (especially for eviction or nonpayment situations):

• Incorrect Amount Owed
  Including wrong rent amounts, unrelated charges (like damages or late fees), or utilities not legally considered part of “rent.”

• Improper Timeframes
  Giving fewer days than required by law (e.g., less than 3 business days for nonpayment) or counting weekends/holidays incorrectly.

• Unclear or Vague Language
  Failing to clearly state the reason for the notice (e.g., just saying “lease violation” without specifying the violation).

• Serving the Notice Incorrectly
  Not following legal service methods — like failing to hand-deliver, post on the door, or send by certified mail when required.

• Not Referring to the Lease
  Forgetting to cite the specific lease clause that the tenant allegedly violated.

• Including Illegal Fees or Penalties
  Charging improper or excessive fees (like ESA-related “pet” fees) that could invalidate the notice.

• Failing to Attach Required Documents
  Not attaching a copy of the Three-Day Notice or lease when filing the court complaint later.

• Giving the Wrong Type of Notice
  Using a Three-Day Notice for a lease violation instead of a Seven-Day Notice to Cure, or vice versa.

• Incorrectly Naming the Tenant(s)
  Misspelling or leaving out a tenant’s full legal name can cause delays or dismissal of the case.

• Issuing a Notice During a Rent Grace Period
  Trying to demand rent before the lease’s grace period (if any) expires.

Does Including Improper Charges (Like Utilities) Make an Eviction Notice Invalid in Florida?

Yes, it can. In Florida, if you incorrectly include charges in a Three-Day Notice to Pay Rent or Vacate that are not legally considered “rent” under the lease, a court may find the notice defective. This could cause your entire eviction case to be dismissed.

For example, if you add unpaid utilities, late fees, or repair costs to the rent amount — but the lease does not define those as “rent” — the notice could be ruled invalid. You would then have to start the eviction process over, causing delay and extra costs.

Bottom line: Only include amounts that the lease explicitly says are part of the “rent” when preparing your three-day notice. When in doubt, it’s safer to be strict about what you include or talk to a landlord-tenant attorney first.

Step 2: File an Eviction Complaint

If the tenant does not pay or vacate after the three days, you file a Complaint for Eviction with the County Court in the county where the rental property is located.

You must also complete these forms

• Complaint for Eviction using Form 1.944
• Summons – Eviction form, which the clerk will issue once you file.
• Note: Each county court may have their specific cover sheets as well.
• Copy of the lease and any related documents
• Copy of the notice which was served

You’ll need to pay a filing fee, typically around $185–$300 depending on your county.

You must also file a copy of the lease (if written) and a copy of the Three-Day Notice.

Step 3: Serve the Summons and Complaint to the Tenant

After filing, you must arrange for official service of the eviction summons and complaint through the sheriff’s office or a certified private process server. You cannot serve the papers yourself.

The tenant has five business days after service (not counting weekends or holidays) to file a written response with the court.

Step 4: Respond to the Tenant’s Answer or Motion for Default

If the tenant files an answer, you may need to request a court hearing by filing a Motion for Hearing. If the tenant does not respond within five business days, you can file a Motion for Clerk’s Default (Eviction) using Form 12.922(a) and a Final Judgment for Possession (Form 1.996(a)).

Once the judge signs the final judgment, you can proceed with removing the tenant.

Step 5: Obtain a Writ of Possession

After the final judgment is entered, you must request a Writ of Possession from the clerk. The writ is an order that directs the sheriff to physically remove the tenant if they do not leave voluntarily.

The sheriff will post a 24-hour notice at the property. If the tenant is still there after 24 hours, the sheriff will remove them and return possession of the property to you.