Legal Notice - Eviction
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THREE-DAY / SEVEN-DAY / FIFTEEN-DAY NOTICE OF TERMINATION & DEMAND FOR POSSESSION

(Florida Residential Tenancies – Fla. Stat. § 83.56)


[// GUIDANCE: This template is drafted for residential evictions under Florida Statutes, Part II, Ch. 83. It intentionally combines the three principal statutory notice categories—(a) non-payment of rent (3-Day), (b) curable non-compliance (7-Day “Cure”), and (c) termination of a month-to-month tenancy (15-Day). Delete all inapplicable bracketed language before service.]


I. DOCUMENT HEADER

  1. Parties
    1.1 Landlord: [LANDLORD LEGAL NAME], a [Florida/ __] [individual/limited liability company/corporation], with a principal address at [LANDLORD ADDRESS] (“Landlord”).
    1.2 Tenant: [TENANT LEGAL NAME(S)] residing at [RENTAL PROPERTY ADDRESS] (“Tenant”).

  2. Lease Identification
    2.1 Written/Oral Lease dated [LEASE DATE] (the “Lease”).
    2.2 Premises: [LEGAL DESCRIPTION OR STREET ADDRESS].

  3. Effective Date; Statutory Authority
    3.1 This Notice is issued on [DATE] (the “Notice Date”) pursuant to the Florida Residential Landlord and Tenant Act, Fla. Stat. § 83.56.
    3.2 Governing Law & Venue: Florida law; exclusive venue in the county court for [COUNTY], Florida housing division.


II. DEFINITIONS

“Business Day” – Any day other than Saturday, Sunday, or legal holiday observed in Florida.
“Cure Amount” – The total sums itemized in § III.3 below required to avoid termination.
“Notice Period” – The statutory period measured from the next Business Day after service is deemed complete, excluding weekends and legal holidays where applicable.
“Possession Date” – The day immediately following expiration of the applicable Notice Period.


III. OPERATIVE PROVISIONS

  1. Notice Category
    Landlord hereby elects to proceed under:
    Non-Payment of Rent (Three-Day Notice) – Fla. Stat. § 83.56(3)
    Curable Non-Compliance (Seven-Day Notice to Cure) – Fla. Stat. § 83.56(2)(b)
    Month-to-Month Termination (Fifteen-Day Notice) – Fla. Stat. § 83.57(3)
    [// GUIDANCE: Select only one box and delete the others.]

  2. Statement of Default / Termination
    Tenant is in default of the Lease by reason of [describe default—e.g., “failure to pay rent” / “unauthorized pet” / “continued occupancy after end of monthly term”].

  3. Cure Amount (if applicable)
    a. Past-due Rent: $[   ]
    b. Late Fees (per Lease): $[   ]
    c. Other Charges Permitted by Law: $[   ]
    Total Cure Amount: $[   ]

  4. Demand
    a. Payment or Possession – Tenant must pay the Total Cure Amount and all rent accruing during the Notice Period or vacate and surrender the Premises by 11:59 p.m. on the Possession Date.
    b. Vacate – (Month-to-Month) Tenant must vacate and surrender the Premises by 11:59 p.m. on the Possession Date; no cure is available.

  5. Future Performance
    Acceptance of partial payment shall not waive Landlord’s right to proceed unless expressly agreed in writing.


IV. REPRESENTATIONS & WARRANTIES

  1. Authority. Landlord represents it is entitled to possession of the Premises and to enforce the Lease.
  2. Compliance. Landlord warrants this Notice complies with Fla. Stat. § 83.56 and has been served in the manner set forth in § X.2 below.

V. COVENANTS & RESTRICTIONS

  1. Tenant Covenant to Surrender. Tenant shall peaceably surrender the Premises in broom-clean condition, remove all personal property, and return all keys, access cards, and remote controls.
  2. Waste & Alteration. Tenant shall not commit waste or remove fixtures during the Notice Period.

VI. DEFAULT & REMEDIES

  1. Events of Default. Failure to comply with this Notice in full by the Possession Date constitutes an event of default.
  2. Remedies. Upon default, Landlord may immediately:
    a. File a complaint for eviction and possession pursuant to Fla. Stat. § 83.59;
    b. Recover double rent for holdover where applicable;
    c. Seek judgment for unpaid rent, court costs, and reasonable attorney’s fees; and
    d. Pursue any other remedy available at law or in equity.
  3. Mitigation. Tenant remains liable for rent until the Lease is lawfully terminated and the Premises re-let, subject to Landlord’s statutory duty to mitigate.

VII. RISK ALLOCATION

[// GUIDANCE: Indemnification and liability caps are intentionally omitted per metadata.]


VIII. DISPUTE RESOLUTION

  1. Governing Law. This Notice and any ensuing action shall be governed by the laws of the State of Florida.
  2. Forum Selection. Exclusive jurisdiction and venue lie in the county court (housing division) for [COUNTY], Florida.
  3. Arbitration. Not available.
  4. Jury Trial. Nothing herein constitutes a waiver of any constitutional right to jury trial where such right exists.
  5. Injunctive Relief. Landlord expressly reserves the right to seek immediate writs of possession and other equitable relief.

IX. GENERAL PROVISIONS

  1. Entire Notice. This document constitutes the entire notice required by Fla. Stat. § 83.56/§ 83.57; no oral statements shall modify its terms.
  2. Severability. If any provision of this Notice is adjudged invalid, the remaining provisions shall remain in full force.
  3. Amendments. Any amendment must be in writing and signed by Landlord.
  4. Delivery of Payments. All payments must be made to [PAYEE NAME] at [ADDRESS FOR PAYMENT] or via [ELECTRONIC METHOD] if previously authorized in writing.
  5. Reservation of Rights. All rights and remedies of Landlord are cumulative.

X. EXECUTION & CERTIFICATE OF SERVICE

  1. Landlord Signature

[NAME & TITLE]
Date: ______

  1. Method of Service
    ☐ Personal delivery to Tenant
    ☐ Leaving at the Premises with a person 15 years of age or older
    ☐ Posting in a conspicuous place on the Premises after two failed attempts at personal service and mailing by first-class mail
    ☐ Other (specify): __________

  2. Service Certification

I certify that on the Notice Date stated above I served a true and correct copy of this Notice upon the Tenant(s) by the method indicated in § X.2.


[NAME], Authorized Agent
Date: ______


STATUTORY REFERENCES

  1. Fla. Stat. § 83.56(3) – Three-Day Notice for Non-Payment of Rent.
  2. Fla. Stat. § 83.56(2)(b) – Seven-Day Notice for Curable Non-Compliance.
  3. Fla. Stat. § 83.57(3) – Fifteen-Day Notice for Month-to-Month Tenancy.

[// GUIDANCE:
1. Double-check all monetary figures and dates before service.
2. Service must strictly follow Fla. Stat. § 83.56(4) to withstand challenge.
3. Retain a signed duplicate original (or photographic evidence of posting) for court filing.
4. If the Lease or local ordinance imposes a longer notice period, modify § III.1 accordingly.]

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