7-Day Notice
(Immediate Termination) (Residential Eviction) (FL)


Summary

This 7-day notice may be used by a landlord in Florida to provide notice to a residential tenant that the tenant's lease has been terminated for noncompliance (other than the failure to pay rent), and that the tenant must vacate the leased premises within seven days of receipt of the notice. This template contains practical guidance and drafting notes. Florida law makes a distinction between defaults for which a residential tenant should or should not be given notice and an opportunity to cure a lease default (other than the failure to pay rent) prior to the landlord's termination of the lease. This template should only be used in circumstances where the tenant does not have the right to avoid termination by curing the default. For a template for use when the tenant has the opportunity to cure the lease default, see 7-Day Notice (Opportunity to Cure) (Residential Eviction) (FL). Note that circumstances when no notice and opportunity to cure should be given are rare. The non-exhaustive list of examples of such circumstances listed in the statute are: "if the noncompliance constitutes a subsequent or continuing noncompliance within 12 months of a written warning by the landlord of a similar violation" and "destruction, damage, or misuse of the landlord's or other tenants' property by intentional act or a subsequent or continued unreasonable disturbance." In these circumstances, the landlord may deliver notice to the tenant of the immediate termination of the lease and advise the tenant that the tenant has seven days from the date that the notice is delivered to vacate the premises. Fla. Stat. Ann. § 83.56(2)(b). This template complies with the form of 7-day notice set forth in Fla. Stat. Ann. § 83.56(2)(b). For a full listing of key content on the residential leasing process, see Residential Leasing Resource Kit. For further guidance on the eviction process in Florida see Residential Eviction (FL), Commercial Eviction (FL), and Eviction Resource Kit (FL).