## When to use a 3-Day Notice to Pay or Quit

There are three different [Eviction Notices in Florida](https://getdispute.com/form-library/eviction-notice) that a landlord can use, each having a different purpose. The 3-Day Notice to Pay or Quit on this page is used by landlords in Florida to formally demand the tenant to complete payment of past-due rent, or to vacate the property (thereby ending the lease). It does not waive the right of the landlord to collect past-due rent.

[**Landlords can click here prepare this eviction notice packet for free online**](https://getdispute.com/pdf/select).

## Can the Tenant do Anything to Prevent Eviction After This Notice is Served?

Yes, the 3-Day Notice to Pay or Quit is considered "curable" because it allows the tenant to avoid eviction by paying the back rent within the specified amount of time. 

However, in most cases the landlord is serving this notice because they no longer expect the tenant to pay rent unless forced to by the court (or because the landlord plans to [begin an eviction court case](https://getdispute.com/form-library/eviction-court-filing) against the tenant).

Usually, the landlord will serve this notice, wait three days, and if the tenant hasn't paid, then serve the [7-Day Notice to Quit](https://getdispute.com/form-library/eviction-notice/Florida/florida-7-day-notice-to-quit) which is not curable and terminates the lease, meaning the tenant can no longer avoid an eviction (but still is required to pay back rent).

## When should a Florida landlord actually use a 3-Day Notice to Pay or Quit?

In general, most landlords will first give informal notice of overdue rent to a tenant by text message, email, or phone call. In the vast majority of lease agreements, this is sufficient for the tenant to want to pay the backrent without any disputes. Less frequently, a tenant will refuse to pay or indicate they will never pay. It is in these situations that a formal notice becomes necessary.

The reason a [formal eviction notice](https://getdispute.com/form-library/eviction-notice) is used is to be able to prove to a court later on that the tenant was actually notified about their obligation to move out, well in advance, in a manner that the court agrees is clear and unambiguous. These kind of laws were put in place to reduce landlord abuse of the process.

## How to Serve the 3-Day Notice to Quit

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The form packet on this page contains a Proof of Service which can be filled out by whoever serves this notice. The proof of service should be retained by the landlord as it will need to be filed in court with the [eviction court paperwork](https://getdispute.com/form-library/eviction-court-filing) if a court case is started later.

Most landlords hire professional process servers or attorneys for this, but it is possible to get a friend or family member to do it and save money as long as you carefully follow the rules.

For more detailed instructions on how to serve an eviction notice, you can also read this [Additional Reference for Eviction Information in Florida](https://www.fdacs.gov/Consumer-Resources/Landlord-Tenant-Law-in-Florida).


## Retaining proof of service for the notice

However you choose to serve the notice, be sure to obtain and keep a proof of service in your records. A proof of service is a sworn affidavit from the server stating what was served, and how and when. The proof of service is your only way to prove to the court that you gave the other person notice of the lawsuit as required by law.

You should fill out and sign the proof of service right after the document is served and keep it in your records for future reference.

You can also ask the person you served to sign a statement confirming that you served the notice and how you served it, though, most people will refuse to sign this statement. The [eviction notice template](https://getdispute.com/pdf/select) above includes a second page with a proof of service on it.

3-Day Notice to Pay or Quit

Used for...
----

30-Day Notice to Quit is used by landlords in New York to require a tenant to move out for any reason other than non-payment of rent. This is very similar to the [30-Day Notice to Quit (month-to-month)(https://getdispute.com/form-library/eviction-notice/new%20york/new-york-30-day-notice-to-quit-month-to-month), however it does not include language about the end of the lease. It can also be used to notify non-tenants like squatters.

Is this Notice Curable?
----------------------

No, the 30-Day Notice to Quit is not curable. This means there is nothing the tenant can do to avoid eviction. The [14-Day Notice to Quit in New York](https://getdispute.com/form-library/eviction-notice/New-York/new-york-14-day-notice-to-quit) can be cured by the tenant for past-due rent.

How to Serve this Notice
-------------------------

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The PDF on this page contains a Proof of Service which can be filled out by whoever serves this notice. Most landlords hire professional process servers. In New York, this notice may not be servable by the landlord.

[Additional Reference](https://ww2.nycourts.gov/courts/6jd/tompkins/ithaca/webpageLandlordTenantInst.shtml)

[New York] 30-Day Notice to Quit

Used for...
----

14-Day Notice to Quit is used by landlords in New York to demand payment of past-due rent. It is required to be served to the defendant at least 14 days before the start of a court case. In New York, this notice can be sent earliest 5 days after the rent was due.

Is this Notice Curable?
----------------------

Yes, the 14-Day Notice to Quit is curable. The tenant can cure the issue by paying past-due rent.

How to Serve this Notice
-------------------------

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The PDF on this page contains a Proof of Service which can be filled out by whoever serves this notice. Most landlords hire professional process servers or attorneys for this. In New York, this notice may not be servable by the landlord.

[Additional Reference](https://ww2.nycourts.gov/courts/6jd/tompkins/ithaca/webpageLandlordTenantInst.shtml)

[New York] 14-Day Notice to Quit

What is this Notice or Pay or Quit used for?
-------------------------------------

A 3-Day Notice to Pay or Quit (blank draft provided at the end) is used in California by a landlord to initiate the formal process of removing a tenant from a leased rental unit. This notice informs a tenant they have 3 days to pay past due rent; otherwise, the landlord will file a case in court (usually an unlawful detainer action in Superior Court).

The State Code has required this new form of Civil Procedure since the 2019 Tenant Protection Act passed, which eliminated the most common previous notice. There was also a temporary 15-Day Notice to Pay or Quit, which can still be used for rent owed between September 1, 2020, and January 31, 2021. This could be subject to Covid regulations and limitations.

When Should a Landlord Use a 3-Day Notice to Pay or Quit?
---------------------------------------------------------

There's a lot of confusion in California about when to use which notice. The state has outlined five eviction notices to use in various situations. As outlined on that page, the 3-Day Notice to Pay or Quit is reserved for instances where the tenant has past-due rent, which is the cause of the eviction.

It's also important to note that various cities in California have their own, more restrictive landlord-tenant laws which govern these disputes. For example, San Francisco requires additional forms, filings, and waiting periods when the 3 Day Notice to Pay or Quit is used. These requirements vary city by city, and if you are located in a large city that has strict rent control laws, your best bet is to contact a local attorney who can guide you through the process.



How should a notice to vacate be given to a tenant?
---------------------------------------------------

There are [very specific laws](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1946.1.&nodeTreePath=8.4.69.3&lawCode=CIV) a landlord in California must follow to serve any notice to a tenant formally. If these laws are not followed strictly, a subsequent court action may be dismissed, resulting in the landlord needing to start over from scratch (with a new notice being served properly).

In general, a landlord can serve the notice themself but must do so correctly, document how the notice was served at the time of service, and keep accurate paper copies of their records. Many landlords prefer to hire professional process servers to serve the initial notice to pay or quit to minimize the chances of future delays.

Is there an official form for a 3-Day Notice to Pay or Quit?
-----------------------------------------------------------------

The state provides no official form for this notice, and landlords are allowed to write their own documents. The state does [provide specific information](https://selfhelp.courts.ca.gov/eviction-landlord/notice-types#:~:text=Your%20tenant%20has%20unpaid%20rent%20due%20on%20or%20after%20October%201%2C%202021) that must be included in the document:

*   The full names of all tenants
*   The rental property address
*   The exact amount of rent owed
*   A statement that all past due rent must be paid within three days or the tenant must move out
*   The name, address, and phone number of the person to be given payment
*   If the tenant is allowed to pay rent in person, the days, times, and address the rent can be paid
*   Whether or not the tenant is allowed to pay the rent by mail, and the address where they can pay by mail


Used for...
----

30-Day Notice to Quit is used by landlords in Florida to end a month-to-month lease. Often, people will send informal notices (by email or text message), but this formal notice is used when a landlord anticipates the possibility of a full eviction process.

Is this Notice Curable?
----------------------

No, the 30-Day Notice to Quit is not curable. This means there is nothing the tenant can do to avoid eviction. Other [Florida eviction notices](https://getdispute.com/form-library) can be cured by the tenant.

How to Serve this Notice
-------------------------

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The PDF on this page contains a Proof of Service which can be filled out by whoever serves this notice. Most landlords hire professional process servers or attorneys for this, but it is possible to do it yourself and save money as long as you carefully follow the rules.

[Additional Reference](https://www.fdacs.gov/Consumer-Resources/Landlord-Tenant-Law-in-Florida)

## When should a Florida landlord use a 30-Day Notice?

In general, most landlords will give informal notice to a tenant by text message, email, or phone call. In the vast majority of lease agreements, this is sufficient for the tenant to want to move out without any disputes. Less frequently, a tenant will refuse to move out. It is in these situations that a formal notice becomes necessary.

The reason a [formal eviction notice](https://getdispute.com/form-library/eviction-notice) is used is to be able to prove to a court later on that the tenant was actually notified about their obligation to move out, well in advance, in a manner that the court agrees is clear and unambiguous. These kind of laws were put in place to reduce the amount of power a landlord had to make last minute decisions that would severely negatively impact an otherwise rule-following tenant.

## How should the 30-Day Notice be delivered to a tenant?

It's important to realize that delivering a 30-Day Notice is not the same thing as sending any other type of information to a tenant. In particular, the notice must be "served" on the tenant.

Serving a 30-Day Notice to a tenant means that the notice must be delivered in a way that provides proof that the tenant received it. This is usually done by hand-delivering the notice to the tenant or by sending it via certified mail with a return receipt requested. The notice should also be posted in a conspicuous place, such as on the front door of the rental unit. For the notice, a landlord can serve it themselves (though this isn't always the wisest decision). For [eviction court paperwork](https://getdispute.com/form-library/eviction-court-filing), they must get someone else to do the service.

The best way to ensure that a 30-Day Notice is properly served is to hire a professional process server. This individual will know the proper way to deliver the notice to the tenant, and can even provide documentation to prove that the notice was delivered. This is important, as the tenant may try to claim that they never received the notice.

## Retaining proof of service for the notice

However you choose to serve the notice, be sure to obtain and keep a proof of service in your records. A proof of service is a sworn affidavit from the server stating what was served, and how and when. The proof of service is your only way to prove to the court that you gave the other person notice of the lawsuit as required by law.

You should fill out and sign the proof of service right after the document is served and keep it in your records for future reference.

You can also ask the person you served to sign a statement confirming that you served the notice and how you served it, though, most people will refuse to sign this statement. The [eviction notice template](https://getdispute.com/pdf/select) above includes a second page with a proof of service on it.

30-Day Notice to Quit (Month-to-Month)

Used for...
----

The 3-Day Notice to Quit (non-payment) is used by landlords in Texas to demand a tenant to either pay the past-due rent owed, or to vacate the property thereby ending the lease. In either case, this notice does not waive the landlord's right to unpaid rent.

Is this Notice Curable?
----------------------

Yes, this 3-Day Notice to Quit is curable because the tenant can pay the past-due rent to be allowed to continue occupying the property.

How to Serve this Notice
-------------------------

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The PDF on this page contains a Proof of Service which can be filled out by whoever serves this notice. Most landlords hire professional process servers. In Ohio, this notice is often served by the landlord.

[Additional Reference](https://www.mahoningcountyoh.gov/796/Eviction-Process)

[Ohio] 3-Day Notice to Quit (non-payment)

What is the 3-Day Notice to Quit used for?
-------------------------------------

A 3-Day Notice to Perform or Quit (blank draft provided on left) is used in California by a landlord to initiate the formal process of removing a tenant from a leased rental unit. This notice informs a tenant they have violated a requirement of the lease, and have three days to pay past due rent; otherwise, the landlord will file a case in court (usually an unlawful detainer action in Superior Court).

These violations usually need to be major for a court to consider them just cause for an eviction. Common examples of these include:

*   Moving in a pet when the lease specifies no pets
*   Moving in additional people (family or friends) when the lease specifically states the tenant cannot do this
*   Causing significant damage to the property
*   Endangering others at the property, neighbors, or the community
*   Dealing drugs or being involved in gang activity at the property

Immigration status, sex, race, religion, and other demographic reasons are generally not just causes to evict someone as they are protected under discrimination laws.

When Should a Landlord Use a 3-Day Notice Quit?
-----------------------------------------------

The 3-Day Notice to Quit is reserved for instances where the tenant has broken a lease or rental agreement rule, been served a Notice to Perform or Quit, and failed to fix the issue. At that stage, a landlord can inform a tenant that they now have no other options and must vacate the property within three days. Remember, weekends and court holidays do not count as part of the three days.

Serving a Notice to Quit does not actually guarantee that a landlord may evict a tenant. In some California cities there are additional local laws in place to protect tenant rights, and additional processes before a landlord is given approval to evict a tenant. As an example, [San Francisco has multiple](https://sfrb.org/topic-no-202-general-eviction-notice-requirements) additional forms, filings, and hearings that must be followed and the process can take one or two years of additional time.

How should a notice to quit (vacate) be given to a tenant?
----------------------------------------------------------

There are [very specific laws](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1946.1.&nodeTreePath=8.4.69.3&lawCode=CIV) a landlord in California must follow to "serve" any notice, including a 3-Day Notice to Quit, to a tenant formally. If these laws are not followed strictly, a subsequent court action will likely be dismissed, resulting in the landlord needing to start over from scratch (with a new notice being served properly) while the tenant continues to occupy the property.

In general, a landlord can serve the notice themself but must do so correctly, document how the notice was served at the time of service, and keep accurate paper copies of their records. Most landlords prefer to hire professional process servers to serve the initial notice to pay or quit to minimize the chances of future delays.

Where to get the official form for a 3-Day Notice to Pay or Quit?
-----------------------------------------------------------------

The state provides no official form for this notice, and landlords are allowed to write their own documents. The state does [provide specific information](https://selfhelp.courts.ca.gov/eviction-landlord/notice-types#:~:text=Your%20tenant%20has%20unpaid%20rent%20due%20on%20or%20after%20October%201%2C%202021) that must be included in the document:

*   The full names of all tenants
*   The rental property address
*   A statement of the behavior or action that the tenant has done to violate the lease that this notice to quit to be given
*   A statement that the tenant must move out in 3 days

3-Day Notice to Quit

Used for...
----

The 3-Day Notice to Vacate is used by landlords in Texas to require a tenant to leave a property they are leasing due to an incurable violation of the rules of the lease. This is required to be issued to a tenant prior to any court cases being filed.

Is this Notice Curable?
----------------------

No, this 3-Day Notice to Vacate is not curable by design. However, a tenant may dispute they have violated a material requirement of the lease in a court case.

How to Serve this Notice
-------------------------

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The PDF on this page contains a Proof of Service example which can be filled out by whoever serves this notice. Most landlords hire professional process servers. In Texas, this notice is often served by the landlord, but hiring a neutral third-party is often the best option.

[Additional Reference](https://guides.sll.texas.gov/landlord-tenant-law/eviction-process)

[Texas] 3-Day Notice to Quit (non-performance)

Used for...
----

The 3-Day Notice to Quit is used by landlords in Ohio to demand a tenant move-out or otherwise face eviction.

Is this Notice Curable?
----------------------

No, this 3-Day Notice to Quit is not curable. There is nothing a tenant can do to continue to live at the property.

How to Serve this Notice
-------------------------

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The PDF on this page contains a Proof of Service which can be filled out by whoever serves this notice. Most landlords hire professional process servers. In Ohio, this notice is often served by the landlord.

[Additional Reference](https://www.mahoningcountyoh.gov/796/Eviction-Process)

[Ohio] 3-Day Notice to Quit (non-performance)

Used for...
----

The 30-Day Notice to Quit is used by landlords in Texas to end a month-to-month lease. Although this can often be done informally (by email or text message), a formal notice is required prior to a court case.

Is this Notice Curable?
----------------------

No, the 30-Day Notice to Quit is not curable. This means there is nothing the tenant can do to avoid eviction. Other [Texas eviction notices](https://getdispute.com/form-library) can be cured by the tenant.

How to Serve this Notice
-------------------------

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The PDF on this page contains a Proof of Service example which can be filled out by whoever serves this notice. Most landlords hire professional process servers. In New York, this notice may not be servable by the landlord.

[Additional Reference](https://guides.sll.texas.gov/landlord-tenant-law/eviction-process)

[Texas] 30-Day Notice to Vacate (Lease Termination)

What is this Notice to Quit used for?
-------------------------------------

A 3-Day Notice to Perform or Quit (blank draft provided at the end) is used in California by a landlord to initiate the formal process of removing a tenant from a leased rental unit. This notice informs a tenant they have violated a requirement of the lease, and have three days to pay past due rent; otherwise, the landlord will file a case in court (usually an unlawful detainer action in Superior Court).

These violations usually need to be major for a court to consider them just cause for an eviction. Common examples of these include:

*   Moving in a pet when the lease specifies no pets
*   Moving in additional people (family or friends) when the lease specifically states the tenant cannot do this
*   Causing significant damage to the property
*   Endangering others at the property, neighbors, or the community
*   Dealing drugs or being involved in gang activity at the property

Immigration status, sex, race, religion, and other demographic reasons are generally not just causes to evict someone as they are protected under discrimination laws.

When Should a Landlord Use a 3-Day Notice to Perform or Quit?
-------------------------------------------------------------

Since the [state has outlined](https://selfhelp.courts.ca.gov/eviction-landlord/notice) five [eviction notices](https://getdispute.com/form-library/eviction-notice/) to use in various situations, it's important to select the right one for your case. As outlined on that page, the 3-Day Notice to Perform or Quit is reserved for instances where the tenant is not performing their responsibilities under the lease or rental agreement, and the landlord is demanding they begin performing these duties or otherwise give up the right to live there.

How should a notice to vacate be given to a tenant?
---------------------------------------------------

There are [very specific laws](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1946.1.&nodeTreePath=8.4.69.3&lawCode=CIV) a landlord in California must follow to serve any notice to a tenant formally, including this Notice to Perform. If these laws are not followed strictly and to the dot, a subsequent court action may be dismissed, resulting in the landlord needing to start over from scratch (with a new notice being served properly).

In general, a landlord can serve the notice themself but follow the correct procedure, document how the notice was served at the time of service, and keep accurate paper copies of their records. Some types of service require both physically handing the notice to someone as well as mailing, and posting the notice. Many landlords end up hiring professional process servers to serve the initial notice to pay or quit to minimize the chances of future delays.

Where to get the official form for a 3-Day Notice to Perform or Quit?
---------------------------------------------------------------------

The state provides no official form for this notice, and landlords are allowed to write their own documents. The state does [provide specific information](https://selfhelp.courts.ca.gov/eviction-landlord/notice-types#:~:text=Your%20tenant%20has%20unpaid%20rent%20due%20on%20or%20after%20October%201%2C%202021) that must be included in the document:

*   The full names of all tenants
*   The rental property address
*   The specific thing(s) the tenant did to violate the lease - include details as appropriate
*   A statement that the tenant must fix the issues or move out in 3 days

3-Day Notice to Perform Covenants or Quit

Used for...
----

30-Day Notice to Quit is used by landlords in New York to end a month-to-month lease, or when a tenant has overstayed the lease. If the only thing required is payment of past-due rent, the [14-Day Notice to Quit](https://getdispute.com/form-library/eviction-notice/new%20york/new-york-14-day-notice-to-quit) is used instead of this one. Note that for asking a tenant to vacate for any reason other than end of lease or non-payment of rent, there's another [30-Day Notice to Quit](https://getdispute.com/form-library/eviction-notice/new%20york/new-york-30-day-notice-to-quit).

Is this Notice Curable?
----------------------

No, the 30-Day Notice to Quit is not curable. This means there is nothing the tenant can do to avoid eviction. Other [New York eviction notices](https://getdispute.com/form-library/eviction-notice) can be cured by the tenant.

How to Serve this Notice
-------------------------

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The PDF on this page contains a Proof of Service which can be filled out by whoever serves this notice. Most landlords hire professional process servers. In New York, this notice may not be servable by the landlord.

[Additional Reference](https://ww2.nycourts.gov/courts/6jd/tompkins/ithaca/webpageLandlordTenantInst.shtml)

[New York] 30-Day Notice to Quit (Month-to-Month)

What Is This Notice to Quit Used for?
-------------------------------------

60-Day Notice Quit (blank draft provided at the end) is used in California by a landlord to initiate the formal process of removing a tenant from a leased rental unit where the tenant has had a residency for less than a year and is on a month-to-month lease. This is somewhat rare in California since most landlords prefer to start with a one-year lease and allow the tenant to become month-to-month after the lease ends.

It's important to note this notice must be used if the tenant has lived in the home for more than one year. The [30-Day Notice](https://getdispute.com/form-library/eviction-notice/California/california-30-day-notice-to-quit) is equivalent but only used when the tenant has lived at the home for less than one year.

When Should a Landlord Use a 60-Day Notice to Quit
--------------------------------------------------

As the [state has outlined](https://selfhelp.courts.ca.gov/eviction-landlord/notice-types) the 60-Day Notice to Quit is reserved for instances where you want a month-to-month tenant who has been at the property for more than a year to end their tenany. This new form and requirement was initially codified in 2019 with the Tenant Protection Act, even though it is similar to the older 15-Day Notice to Quit, which is no longer used for new disputes.

This 60-Day Notice can only be used when the tenant has lived at the property for less than one year. The new law also requires the landlord to have a just cause (or legal reason) for demand the tenant to leave. In general, rent increases and various demographic factors are not good enough reasons to evict a tenant in California.

It's also important to note that various cities in California have their own, more restrictive landlord-tenant laws which govern these disputes. For example, [San Francisco requires](https://sfrb.org/topic-no-202-general-eviction-notice-requirements) several additional forms, filings, and waiting periods when the 60-Day Notice to Quit is used, and a landlord may be unable to evict a tenant using this notice at all. If you are located in a large city that has strict rent control laws, your best bet is to contact a local attorney who can guide you through the process.



How Should a 60-Day Notice to Vacate Be Given to a Tenant?
----------------------------------------------------------

There are very specific laws a landlord in California must follow to formally serve any notice to a tenant. Courts regularly dismiss eviction cases (unlawful detainer actions) where notices have not been served correctly. In general, the tenant has the right to continue to occupy the unit if this happens, while the landlord will likely need to start the eviction process over from scratch (with a new notice being served properly).

Many landlords prefer to hire professional process servers to serve the initial notice or quit to minimize the chances of future delays. A landlord can serve the notice themself but must do so correctly, so long as they document how the notice was served at the time of service, keep accurate paper copies of their records, and follow the specific process serving laws above.


Where to Get the Official Form for a 60-Day Notice to Quit?
-----------------------------------------------------------

The state provides no official form for this notice, and landlords are allowed to (and may need to) write their own documents. The state does [provide specific information](https://selfhelp.courts.ca.gov/eviction-landlord/notice-types#:~:text=Your%20tenant%20has%20unpaid%20rent%20due%20on%20or%20after%20October%201%2C%202021) that must be included in the document:

*   The full names of all tenants
*   The rental property address
*   A statement that the month-to-month rental tenancy will end in 60 days
*   A legally required statement on picking up personal property
*   The just cause (the legal reason) for ending the lease
*   A statement that the tenant has the right to either (1) get relocation assistance from you or (2) does not have to pay the last month's rent (specify exactly how much that is)
*   The date they must move out by (assumed to be 60 days but often stated explicitly)

60-Day Notice to Quit

Used for...
----

The 30-Day Notice to Quit (month-to-month) is used by landlords in Ohio to end a month-to-month lease, and require a tenant to move out. After this notice, the landlord may still be required to serve the [Ohio 3-Day Notice to Quit](https://getdispute.com/form-library/eviction-notice/ohio/ohio-3-day-notice-to-quit-non-payment).

Is this Notice Curable?
----------------------

No, the 30-Day Notice to Quit is not curable. This means there is nothing the tenant can do to avoid eviction. Other [Ohio eviction notices] (https://getdispute.com/form-library/eviction-notice) can be cured by the tenant for past-due rent.

How to Serve this Notice
-------------------------

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The PDF on this page contains a Proof of Service which can be filled out by whoever serves this notice. Most landlords hire professional process servers. In Ohio, this notice may not be servable by the landlord.

[Additional Reference](https://www.mahoningcountyoh.gov/796/Eviction-Process)

[Ohio] 30-Day Notice to Quit (Month-to-Month)

Used for...
----

The 3-Day Notice to Vacate is used by landlords in Texas to demand a tenant to either pay the past-due rent owed, or to vacate the property thereby ending the lease. In either case, this notice does not waive the landlord's right to unpaid rent.

Is this Notice Curable?
----------------------

Yes, this 3-Day Notice to Vacate is curable because the tenant can pay the past-due rent to be allowed to continue occupying the property.

How to Serve this Notice
-------------------------

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The PDF on this page contains a Proof of Service which can be filled out by whoever serves this notice. Most landlords hire professional process servers. In Texas, this notice is often served by the landlord.

[Additional Reference](https://guides.sll.texas.gov/landlord-tenant-law/eviction-process)

[Texas] 3-Day Notice to Vacate (non-payment)

## When to use a 7-Day Notice to Quit

There are three different [Eviction Notices in Florida](https://getdispute.com/form-library/eviction-notice) that a landlord can use, each having a different purpose. The final notice provided by a landlord prior to initiating an eviction court case is the 7-Day Notice to Pay or Quit on this page.

The most common reason to use this notice is to require a tenant to vacate a property due to a material breach of the lease rules or covenants. Examples of this include: significantly damaging the property, use the property for criminal or drug activity, moving in new people not on the lease without the landlord's permission, etc. The lease usually specifies the exact rules that must be followed.

If the landlord has already served a 3-Day Notice to Pay or Quit before this notice, this notice may not be required prior to [starting an eviction court case](https://getdispute.com/form-library/eviction-court-filing) against the tenant, depending on the circumstances.

[**Landlords can click here prepare this eviction notice packet for free online**](https://getdispute.com/pdf/select).

## Can the Tenant do Anything to Prevent Eviction After This Notice is Served?

No. This notice is considered "non-curable" meaning the tenant must vacate the property within seven days. If the tenant does not vacate within that time, the landlord can [begin an eviction court case](https://getdispute.com/form-library/eviction-court-filing) to recover possession of the property and force the tenant to move out.

An eviction court case in Florida cannot be started without proof of having served one of the [eviction notices required by Florida law](https://getdispute.com/form-library/eviction-notice).


## When should a Florida landlord actually use a 7-Day Notice?

Landlords typically use this notice after delivering an earlier notice (the [3-Day Notice](https://getdispute.com/form-library/eviction-notice/Florida/florida-3-day-notice-to-pay-or-quit) or [30-Day Notice](https://getdispute.com/form-library/eviction-notice/Florida/florida-30-day-notice-to-quit-month-to-month).

However, the 7-Day Notice can be the first and final notice a landlord delivers to a tenant when the tenant has committed a serious violation of the lease agreement.

## How to Serve the 7-Day Notice to Quit

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The form packet on this page contains a Proof of Service which can be filled out by whoever serves this notice. The proof of service should be signed by the process server and retained by the landlord as it will need to be filed in court with the [eviction court paperwork](https://getdispute.com.com/form-library/eviction-court-filing) if a court case is started later.

Most landlords hire professional process servers or attorneys to serve an eviction notice, but it is possible to get a friend or family member to do it and save money as long as you carefully follow the rules.

For more detailed instructions on how to serve an eviction notice, you can also read this [Additional Reference for Eviction Information in Florida](https://www.fdacs.gov/Consumer-Resources/Landlord-Tenant-Law-in-Florida).

## Retaining proof of service for all notices

However you choose to serve a notice, be sure to obtain and keep a proof of service in your records. A proof of service is a sworn affidavit from the server stating what was served, and how and when. The proof of service is your only way to prove to the court that you gave the other person notice of the lawsuit as required by law.

You should fill out and sign the proof of service right after the document is served and keep it in your records for future reference.

You can also ask the person you served to sign a statement confirming that you served the notice and how you served it, though, most people will refuse to sign this statement. The [eviction notice template](https://getdispute.com/pdf/select) above includes a second page with a proof of service on it.

7-Day Notice to Quit

What Is This Notice to Quit Used for?
-------------------------------------

30-Day Notice Quit (blank draft provided at the end) is used in California by a landlord to initiate the formal process of removing a tenant from a leased rental unit where the tenant has had a residency for less than a year and is on a month-to-month lease. If they have lived there for more than one year, a [60-Day Notice to Quit](https://getdispute.com/guide/60-day-notice-to-quit-for-california) must be used instead. This is somewhat rare in California since most landlords prefer to start with a one-year lease and allow the tenant to become month-to-month after the lease ends.

It's important to note this Notice is not used for Covid related tenancy issues. If you think you may be subject to Covid-era rules about your dispute or are unsure of what to do on your own, you should contact a local attorney to get legal advice.

When Should a Landlord Use a 30-Day Notice to Quit
--------------------------------------------------

The [state has outlined](https://selfhelp.courts.ca.gov/eviction-landlord/notice-types) five eviction notices to use in various situations. As outlined on that page, the 30-Day Notice to Quit is reserved for instances where you want a month-to-month tenant who has been at the property for less than a year to leave. This new form and requirement was initially codified in 2019 with the Tenant Protection Act, even though it is similar to the older 15-Day Notice to Quit, which is no longer used for new disputes.

This 30-Day Notice can only be used when the tenant has lived at the property for less than one year. If they have lived there for more than one year, a [60-Day Notice to Quit](https://getdispute.com/guide/60-day-notice-to-quit-for-california) must be used instead.

It's also important to note that various cities in California have their own, more restrictive landlord-tenant laws which govern these disputes. For example, [San Francisco requires](https://sfrb.org/topic-no-202-general-eviction-notice-requirements) several additional forms, filings, and waiting periods when the 30-Day Notice to Quit is used, and a landlord may be unable to evict a tenant using this notice at all. These requirements vary city by city, and if you are located in a large city that has strict rent control laws, your best bet is to contact a local attorney who can guide you through the process.

How Should a 30-Day Notice to Vacate Be Given to a Tenant?
----------------------------------------------------------

There are [very specific laws](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1946.1.&nodeTreePath=8.4.69.3&lawCode=CIV) a landlord in California must follow to serve any notice to a tenant formally. Courts regularly dismiss unlawful detainer actions (eviction cases) where notices have not been served correctly, resulting in the landlord needing to start over from scratch (with a new notice being served properly). In general, the tenant has the right to continue to occupy the unit during any restarts.

A landlord can serve the notice themself but must do so correctly, so long as they document how the notice was served at the time of service, keep accurate paper copies of their records, and follow the specific process serving laws above. Many landlords prefer to hire professional process servers to serve the initial notice or quit to minimize the chances of future delays.

Where to Get the Official Form for a 30-Day Notice to Quit?
-----------------------------------------------------------

The state provides no official form for this notice, and landlords are allowed to write their own documents. The state does [provide specific information](https://selfhelp.courts.ca.gov/eviction-landlord/notice-types#:~:text=Your%20tenant%20has%20unpaid%20rent%20due%20on%20or%20after%20October%201%2C%202021) that must be included in the document:

*   The full names of all tenants
*   The rental property address
*   A statement that the month-to-month rental tenancy will end in 30 days
*   A legally required statement on picking up personal property
*   The just cause (the legal reason) for ending the lease
*   A statement that the tenant has the right to either (1) get relocation assistance from you or (2) does not have to pay the last month's rent (specify exactly how much that is)
*   The date they must move out by (assumed to be 30 days or 60 days, but often stated explicitly)

30-Day Notice to Quit

<h2 id="when-to-use-an-eviction-notice">When to use an Eviction Notice</h2>
<p>Eviction notices are used to inform a tenant they must take an action and/or their right to lease a property has ended and they must move out.</p>
<p>Some notices offer the tenant the opportunity to remain in the unit if they correct a major issue (for instance, <a style="text-decoration: underline;"href="https://getdispute.com/form-library/eviction-notice/Florida/florida-3-day-notice-to-pay-or-quit">failure to pay rent</a>). These forms are considered "curable." Other notices are <a style="text-decoration: underline;"href="https://getdispute.com/form-library/eviction-notice/Florida/florida-7-day-notice-to-quit">incurable notices</a> meaning the tenant must vacate the premises.</p>
<p>Notices vary in purpose and length, and requirements for minimum lengths, information required on the notice, etc. are usually set by state level laws.</p>
<h2 id="important-prepare-and-serve-the-eviction-notice-correctly">Important: prepare and serve the Eviction Notice correctly</h2>
<p>The requirements for what to put on the form, and how to serve it, are important if the landlord wants to <a style="text-decoration: underline;"href="https://getdispute.com/form-library/eviction-court-filing">file an eviction court case</a> later, otherwise the court may dismiss the case until the notice is done correctly.</p>

## What is a default judgement

A default judgement means the defendant did not fight the charges the plaintiff made, and as a result the plaintiff wins by default. This usually only happens when the defendant doesn't show up to their trial or doesn't file any kind of response with the court. This is surprisingly common, particularly in cases where the tenant does not have a rational basis for refusing to follow a [notice to vacate](https://getdispute.com/form-library/eviction-notice). 

As many as 60% of court cases against individual defendants result in a default due to the defendant not showing up. Before the court will issue a default, a number of steps have to be followed correctly to ensure the defendant was in fact aware of, and had sufficient time to respond to, the court case.

## When can a plaintiff get a default judgement?

In order to get a default judgement, a plaintiff needs to [file a case in court](https://getdispute.com/form-library/eviction-court-filing), correctly serve the defendant, ensure the proof of service is filed by the process server, attend their court hearing, and then file this motion. After this Clerk's Default, there will be another motion to request the judge in the case to enter a [Final Default](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-default-final-judgement-eviction).

## What is the Clerk's Default form used for?

The Motion for Clerk's Default in Damages form is used in Florida evictions cases to ask the clerk to formally state that a default judgement should be entered. Before doing this, the clerk will verify the court papers were filed correctly and that a proof of service exists for the case. After the court clerk grants approves this motion, the approved motion will be presented to the judge to enter the final judgement. The 'In Damages' part just means that this motion is for obtaining a financial award from the defendant (usually due to the cost of repairing damage caused by the defendant or due to unpaid backrent).

## What's the difference between the Final Default Judgement form and this Clerk's Default form?

The Clerk's Default comes first in the process because the clerk verifies all the paperwork was filed correctly. The [Motion for Final Default Judgement form in an eviction case](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-default-final-judgement-eviction) is a motion filed to request the judge to issue the final judgement. This final judgement is what allows a plaintiff (landlord) to actually get some kind of action. In this case, allows the landlord to start collecting the judgement.

## How is the form filed in court?

Typically, this form is partially filled out by the plaintiff and handed to the clerk while the plaintiff is still in court for the trial. Since a default judgement is primarily only relevant when the defendant doesn't appear for a trial after being served correctly, the plaintiff can usually decide to file it right away after the trial.

To speed things along, the plaintiff can [prepare a Motion for Clerk's Default online](https://getdispute.com/pdf/select) and bring it to court with them.

Motion for Clerk's Default in Eviction

## When to use the Eviction (Other Than Unpaid Rent) Form?

There are 2 factors to consider when decided which court form to use in Florida eviction cases:
1. Is the landlord trying to *only* evict the tenant, or evict *and also* claim damages?
2. Is this dispute due to *unpaid rent*, or some other *lease violation*?

It's important to answer these questions to pick the right eviction form because there are slightly different forms for each type of scenario.

The form on this page is used when the landlord is attempting to both only evict the tenant for some reason that is not related to the payment (or non-payment of rent). This most commonly means major violations of the lease, damage to the property, or something else related, and happens after the [7-Day Notice to Vacate](https://getdispute.com/form-library/eviction-notice/Florida/florida-7-day-notice-to-quit) has been served on the defendant.

## Is it easier to only evict a tenant and drop the damages claim?

In general, the Florida courts assess the eviction claim and the damages claim as two related, but separate issues. It is possible for a landlord to be successful in their eviction of a tenant, while being unsuccessful in collecting damages from the tenant.

As a result, it can be easier for landlords to pursue a claim only for eviction. This saves the landlord needing to file two complaint forms ([prepare both eviction complaint forms](https://getdispute.com/pdf/select) in a combined packet online).

Dropping one of the claims will also save the landlord money in serving the defendant later on, as each of the claims has its own summons that needs to be personally served on the defendant. This is similar to [serving an eviction notice in Florida](https://getdispute.com/form-library/eviction-notice), but typically cannot just be posted to the door.

## How do I file the combined form?

The packet for an eviction and damages complaint in Florida requires:
1. Florida Civil Case Coversheet
2. Form 5B - Complaint for Eviction (Other Than Unpaid Rent)
3. Form 7 - Summons for the Eviction Claim
4. Form 8 - Summons for the Damages Claim

Some of the information on these forms is shared, so [preparing a combined eviction packet online](https://getdispute.com/pdf/select) will save significant time and reduce the likelihood of typos and errors which could result in the court rejecting the filing.

## Filing the Eviction Forms Online

If a landlord is preparing and filing the documents themselves, the complete packet can be filed online on [https://www.myflcourtaccess.com](https://www.myflcourtaccess.com/default.aspx). Alternatively, the landlord can use a more [convenient online filing service](https://getdispute.com/pdf/select), or hire an attorney to get assistance. After filing, the landlord will need to retrieve the stamped summons from the court clerk and hire a process server to serve the papers (or find someone not a party to the case to serve the papers).

## Serving the Approved Court Paperwork

After this paperwork is filed in court, the court will issue an approved summons. This summons must be [served on the defendant](https://getdispute.com/guide-category/defendant_service) formally. The requirements here are higher than they were for serving the [initial eviction notice](https://getdispute.com/form-library/eviction-notice) on the tenant. For court summons, the service **must** be made directly to the tenant, and usually cannot be posted on the door. If the tenant is avoiding service, the landlord (plaintiff) may need to ask the judge for permission to try an alternative method of service (such as posting on the door) based on what they have already done to try to serve it personally to the tenant.

Additionally, for service of process of court summons, the plaintiff (landlord) **must** get someone else to do the service. This must be a person who is not party to the case, but it can be a friend or family member of the landlord. Whoever it is must serve the case, and then fill out and file a proof of service with the court indicated the method and time by which service was performed. It is typically recommended for the plaintiff to use the county sheriff or hire a professional process server to serve a defendant. The sheriff is usually a cheaper option with fees ranging from $50 to $80. A private process server is a licensed individual who will cost more ($75 to $150) but will also typically be much faster and more accurate with service.

Court Complaint for Eviction Only (Other Than Unpaid Rent)

## What is a default judgement

A default judgement means the defendant did not fight the charges the plaintiff made, and as a result the plaintiff wins by default. This usually only happens when the defendant doesn't show up to their trial or doesn't file any kind of response with the court. This is surprisingly common, particularly in cases where the tenant does not have a rational basis for refusing to follow a [notice to vacate](https://getdispute.com/form-library/eviction-notice). 

As many as 60% of court cases against individual defendants result in a default due to the defendant not showing up. Before the court will issue a default, a number of steps have to be followed correctly to ensure the defendant was in fact aware of, and had sufficient time to respond to, the court case.

## When can a plaintiff get a default judgement?

In order to get a default judgement, a plaintiff needs to [file a case in court](https://getdispute.com/form-library/eviction-court-filing), correctly serve the defendant, ensure the proof of service is filed by the process server, attend their court hearing, and then file the [Motion for Clerk's Default form](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-clerk-s-default-in-eviction). After the Clerk's Default, there will be another motion to request the judge in the case to enter a Final Default (which happens on this form).

## What is the Motion for Default Final Judgement (Damages) Used For?

The Motion for Default Final Judgement  form is used in Florida evictions cases to ask the **judge** to issue a judgement in favor of the plaintiff due to the defendant not arguing their case (i.e., due to a default). This form is used in evictions cases after the [Clerk's Motion](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-clerk-s-default-in-eviction) has been filed and accepted. The 'Damages' part just means this eviction case includes a claim by the plaintiff for money from the defendant, usually to pay the cost of damage to the property, or unpaid backrent.

## What's the difference between the Final Default Judgement form and this Clerk's Default form?

The [Motion for Clerk's Default](https://getdispute.com/form-library/eviction-court-filing/fl-court-form-for-motion-for-clerk-s-default-in-eviction) comes first in the process because the clerk verifies all the paperwork was filed correctly. This form, the Motion for Final Default Judgement form in an eviction case, is a motion filed to request the judge to issue the final judgement. This final judgement is what allows a plaintiff (landlord) to actually get some kind of action. In this case, allows the landlord to start collecting the judgement.

## How is the form filed in court?

Typically, this form is partially filled out by the plaintiff and handed to the clerk while the plaintiff is still in court for the trial, sometimes even with the Clerk's Motion form. Since a default judgement is primarily only relevant when the defendant doesn't appear for a trial after being served correctly, the plaintiff can usually decide to file it right away after the trial.

To speed things along, the plaintiff can [prepare a Motion for Default Final Judgement online](https://getdispute.com/pdf/select) and bring it to court with them.

Motion for Default Final Judgement - Eviction

## When to File a Writ of Possession

A writ of possession is a form that allows a landlord to obtain physical possession of a property if the tenant doesn't vacate. A writ of possession is used in [Florida eviction cases](https://getdispute.com/form-library/eviction-court-filing) after a judgement has been entered. The writ orders the sheriff of the county or city to physically remove a tenant, change locks, and provide physical access to the property to the landlord.

The exact timing varies by state and courthouse, but typically, a writ of possession is filled out and presented to the court clerk after a [final judgement](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-default-final-judgement-eviction) has been entered. In other words, after a judge has issued a judgement in the landlord's favor, the landlord can attempt to get physical possession of the property using a writ of possession.

## Where to File a Writ of Possession?

Again this varies by state, but usually a writ of of possession is stamped by the court clerk (to indicate proof that the case has in fact been decided) and then delivered to the sheriff to execute the writ. The writ itself is a command from the court to the sheriff to take physical possession of a property and return it to the landlord. 

As a result, the writ of possession is not typically filed in court. Instead, it is prepared by the plaintiff, given to the court to stamp, and then send to the sheriff. In some places, the court will send it to the sheriff themselves (with a check for sheriff fees provided by the plaintiff).

To speed things along, the plaintiff can [prepare a writ of possession](https://getdispute.com/pdf/select) in advance, and bring it to court.



Writ of Possession in an Eviction Case

## When to use the Eviction and Damages Due to Rent Form

There are 2 factors to consider when decided which court form to use in Florida eviction cases:
1. Is the landlord trying to *only* evict the tenant, or evict *and also* claim damages?
2. Is this dispute due to *unpaid rent*, or some other *lease violation*?

It's important to answer these questions to pick the right eviction form because there are slightly different forms for each type of scenario.

The form on this page is used when the landlord is attempting to both evict the tenant AND collect damages, due to unpaid rent.

## Is it easier to only evict a tenant and drop the damages claim?

In general, the Florida courts assess the eviction claim and the damages claim as two related, but separate issues. It is possible for a landlord to be successful in their eviction of a tenant, while being unsuccessful in collecting damages from the tenant.

As a result, it can be easier for landlords to pursue a claim only for eviction. This saves the landlord needing to file two complaint forms ([prepare both eviction complaint forms](https://getdispute.com/pdf/select) in a combined packet online).

Dropping one of the claims will also save the landlord money in serving the defendant later on, as each of the claims has its own summons that needs to be personally served on the defendant. This is similar to [serving an eviction notice in Florida](https://getdispute.com/form-library/eviction-notice), but typically cannot just be posted to the door.

## How do I file the combined form?

The packet for an eviction and damages complaint in Florida requires:
1. Florida Civil Case Coversheet
2. Form 5A - Complaint for Eviction for failure to pay rent and recover past due rent
3. Form 7 - Summons for the Eviction Claim
4. Form 8 - Summons for the Damages Claim

Some of the information on these forms is shared, so [preparing a combined eviction packet online](https://getdispute.com/pdf/select) will save significant time and reduce the likelihood of typos and errors which could result in the court rejecting the filing.

## Filing the Eviction Forms Online

If a landlord is preparing and filing the documents themselves, the complete packet can be filed online on [https://www.myflcourtaccess.com](https://www.myflcourtaccess.com/default.aspx). Alternatively, the landlord can use a more [convenient online filing service](https://getdispute.com/pdf/select), or hire an attorney to get assistance. After filing, the landlord will need to retrieve the stamped summons from the court clerk and hire a process server to serve the papers (or find someone not a party to the case to serve the papers).

## Serving the Approved Court Paperwork

After this paperwork is filed in court, the court will issue an approved summons. This summons must be [served on the defendant](https://getdispute.com/guide-category/defendant_service) formally. The requirements here are higher than they were for serving the [initial eviction notice](https://getdispute.com/form-library/eviction-notice) on the tenant. For court summons, the service **must** be made directly to the tenant, and usually cannot be posted on the door. If the tenant is avoiding service, the landlord (plaintiff) may need to ask the judge for permission to try an alternative method of service (such as posting on the door) based on what they have already done to try to serve it personally to the tenant.

Additionally, for service of process of court summons, the plaintiff (landlord) **must** get someone else to do the service. This must be a person who is not party to the case, but it can be a friend or family member of the landlord. Whoever it is must serve the case, and then fill out and file a proof of service with the court indicated the method and time by which service was performed. It is typically recommended for the plaintiff to use the county sheriff or hire a professional process server to serve a defendant. The sheriff is usually a cheaper option with fees ranging from $50 to $80. A private process server is a licensed individual who will cost more ($75 to $150) but will also typically be much faster and more accurate with service.

Court Complaint for Eviction and Damages (Unpaid Rent)

## What is a default judgement

A default judgement means the defendant did not fight the charges the plaintiff made, and as a result the plaintiff wins by default. This usually only happens when the defendant doesn't show up to their trial or doesn't file any kind of response with the court. This is surprisingly common, particularly in cases where the tenant does not have a rational basis for refusing to follow a [notice to vacate](https://getdispute.com/form-library/eviction-notice). 

As many as 60% of court cases against individual defendants result in a default due to the defendant not showing up. Before the court will issue a default, a number of steps have to be followed correctly to ensure the defendant was in fact aware of, and had sufficient time to respond to, the court case.

## When can a plaintiff get a default judgement?

In order to get a default judgement, a plaintiff needs to [file a case in court](https://getdispute.com/form-library/eviction-court-filing), correctly serve the defendant, ensure the proof of service is filed by the process server, attend their court hearing, and then file this motion. After this Clerk's Default, there will be another motion to request the judge in the case to enter a [Final Default](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-default-final-judgement-damages).

## What is the Clerk's Default form used for?

The Motion for Clerk's Default in Damages form is used in Florida evictions cases to ask the clerk to formally state that a default judgement should be entered. Before doing this, the clerk will verify the court papers were filed correctly and that a proof of service exists for the case. After the court clerk grants approves this motion, the approved motion will be presented to the judge to enter the final judgement. The 'In Damages' part just means that this motion is for obtaining a financial award from the defendant (usually due to the cost of repairing damage caused by the defendant or due to unpaid backrent).

## What's the difference between the Final Default Judgement form and this Clerk's Default form?

The Clerk's Default comes first in the process because the clerk verifies all the paperwork was filed correctly. The [Motion for Final Default Judgement form in an eviction case](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-default-final-judgement-damages) is a motion filed to request the judge to issue the final judgement. This final judgement is what allows a plaintiff (landlord) to actually get some kind of action. In this case, allows the landlord to start collecting the judgement.

## How is the form filed in court?

Typically, this form is partially filled out by the plaintiff and handed to the clerk while the plaintiff is still in court for the trial. Since a default judgement is primarily only relevant when the defendant doesn't appear for a trial after being served correctly, the plaintiff can usually decide to file it right away after the trial.

To speed things along, the plaintiff can [prepare a Motion for Clerk's Default online](https://getdispute.com/pdf/select) and bring it to court with them.

Motion for Clerk's Default in Damages

Non-Military Affidavit

## When to use the Eviction Only (Unpaid Rent) Form

There are 2 factors to consider when decided which court form to use in Florida eviction cases:
1. Is the landlord trying to *only* evict the tenant, or evict *and also* claim damages?
2. Is this dispute due to *unpaid rent*, or some other *lease violation*?

It's important to answer these questions to pick the right eviction form because there are slightly different forms for each type of scenario.

The form on this page is used when the landlord is attempting to only evict the tenant specifically due to payment (or non-payment) of rent. This happens after the [3-Day Notice to Vacate](https://getdispute.com/form-library/eviction-notice/Florida/florida-3-day-notice-to-pay-or-quit) has been served on the defendant.

## Is it easier to only evict a tenant and drop the damages claim?

In general, the Florida courts assess the eviction claim and the damages claim as two related, but separate issues. It is possible for a landlord to be successful in their eviction of a tenant, while being unsuccessful in collecting damages from the tenant.

As a result, it can be easier for landlords to pursue a claim only for eviction. This saves the landlord needing to file two complaint forms ([prepare both eviction complaint forms](https://getdispute.com/pdf/select) in a combined packet online).

Dropping one of the claims will also save the landlord money in serving the defendant later on, as each of the claims has its own summons that needs to be personally served on the defendant. This is similar to [serving an eviction notice in Florida](https://getdispute.com/form-library/eviction-notice), but typically cannot just be posted to the door.

## How do I file the combined form?

The packet for an eviction and damages complaint in Florida requires:
1. Florida Civil Case Coversheet
2. Form 5 - Eviction Only (Unpaid Rent
3. Form 7 - Summons for the Eviction Claim
4. Form 8 - Summons for the Damages Claim

Some of the information on these forms is shared, so [preparing a combined eviction packet online](https://getdispute.com/pdf/select) will save significant time and reduce the likelihood of typos and errors which could result in the court rejecting the filing.

## Filing the Eviction Forms Online

If a landlord is preparing and filing the documents themselves, the complete packet can be filed online on [https://www.myflcourtaccess.com](https://www.myflcourtaccess.com/default.aspx). Alternatively, the landlord can use a more [convenient online filing service](https://getdispute.com/pdf/select), or hire an attorney to get assistance. After filing, the landlord will need to retrieve the stamped summons from the court clerk and hire a process server to serve the papers (or find someone not a party to the case to serve the papers).

## Serving the Approved Court Paperwork

After this paperwork is filed in court, the court will issue an approved summons. This summons must be [served on the defendant](https://getdispute.com/guide-category/defendant_service) formally. The requirements here are higher than they were for serving the [initial eviction notice](https://getdispute.com/form-library/eviction-notice) on the tenant. For court summons, the service **must** be made directly to the tenant, and usually cannot be posted on the door. If the tenant is avoiding service, the landlord (plaintiff) may need to ask the judge for permission to try an alternative method of service (such as posting on the door) based on what they have already done to try to serve it personally to the tenant.

Additionally, for service of process of court summons, the plaintiff (landlord) **must** get someone else to do the service. This must be a person who is not party to the case, but it can be a friend or family member of the landlord. Whoever it is must serve the case, and then fill out and file a proof of service with the court indicated the method and time by which service was performed. It is typically recommended for the plaintiff to use the county sheriff or hire a professional process server to serve a defendant. The sheriff is usually a cheaper option with fees ranging from $50 to $80. A private process server is a licensed individual who will cost more ($75 to $150) but will also typically be much faster and more accurate with service.

Court Complaint for Eviction Only (Unpaid Rent)

## What is a default judgement

A default judgement means the defendant did not fight the charges the plaintiff made, and as a result the plaintiff wins by default. This usually only happens when the defendant doesn't show up to their trial or doesn't file any kind of response with the court. This is surprisingly common, particularly in cases where the tenant does not have a rational basis for refusing to follow a [notice to vacate](https://getdispute.com/form-library/eviction-notice). 

As many as 60% of court cases against individual defendants result in a default due to the defendant not showing up. Before the court will issue a default, a number of steps have to be followed correctly to ensure the defendant was in fact aware of, and had sufficient time to respond to, the court case.

## When can a plaintiff get a default judgement?

In order to get a default judgement, a plaintiff needs to [file a case in court](https://getdispute.com/form-library/eviction-court-filing), correctly serve the defendant, ensure the proof of service is filed by the process server, attend their court hearing, and then file the [Motion for Clerk's Default form](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-clerk-s-default-in-damages). After the Clerk's Default, there will be another motion to request the judge in the case to enter a Final Default (which happens on this form).

## What is the Motion for Default Final Judgement (Damages) Used For?

The Motion for Default Final Judgement  form is used in Florida evictions cases to ask the **judge** to issue a judgement in favor of the plaintiff due to the defendant not arguing their case (i.e., due to a default). This form is used in evictions cases after the [Clerk's Motion](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-clerk-s-default-in-damages) has been filed and accepted. The 'Damages' part just means this eviction case includes a claim by the plaintiff for money from the defendant, usually to pay the cost of damage to the property, or unpaid backrent.

## What's the difference between the Final Default Judgement form and this Clerk's Default form?

The [Motion for Clerk's Default](https://getdispute.com/form-library/eviction-court-filing/fl-court-form-for-motion-for-clerk-s-default-in-damages) comes first in the process because the clerk verifies all the paperwork was filed correctly. This form, the Motion for Final Default Judgement form in an eviction case, is a motion filed to request the judge to issue the final judgement. This final judgement is what allows a plaintiff (landlord) to actually get some kind of action. In this case, allows the landlord to start collecting the judgement.

## How is the form filed in court?

Typically, this form is partially filled out by the plaintiff and handed to the clerk while the plaintiff is still in court for the trial, sometimes even with the Clerk's Motion form. Since a default judgement is primarily only relevant when the defendant doesn't appear for a trial after being served correctly, the plaintiff can usually decide to file it right away after the trial.

To speed things along, the plaintiff can [prepare a Motion for Default Final Judgement online](https://getdispute.com/pdf/select) and bring it to court with them.

Motion for Default Final Judgement - Damages

<h2 id="filing-an-eviction-case-in-court">Filing an Eviction Case in Court</h2>
<p>After a landlord has <a style="text-decoration: underline;"href="https://getdispute.com/form-library/eviction-notice">served an eviction notice to a tenant</a>, they can initiate a court case for eviction (and damages).</p>
<p>In most cases, the filing process for a court claim is:</p>
<ol>
<li>Prepare and file case initiation paperwork in court (including coversheets and summons where required by the court). <a style="text-decoration: underline;"href="https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-complaint-for-eviction-and-damages-unpaid-rent">Example form</a>.</li>
<li>Get a stamped summons from the court clerk</li>
<li>Serve the defendant (the tenant) the summons and file a proof of service in court</li>
</ol>
<p>After the case is filed and served, the defendant (tenant) has a certain amount of time to file a "response" to the case. A response is where the defendant indicates whether they accept the claim  and immediately lose, or they dispute the claim and will contest it. They usually have 5 - 10 days to do this, depending on the state.</p>
<p>If the tenant gets a lawyer, this will also be indicated in their response.</p>
<h2 id="filing-for-default-judgement-if-the-tenant-does-not-respond">Filing for default judgement if the tenant does not respond</h2>
<p>In some cases, the tenant may not respond at all within the allowed time. This may be relatively common depending on the type of dispute and sophistication or desire to contest the case of the tenant.</p>
<p>The default process requires a landlord to first file an <a style="text-decoration: underline;"href="https://getdispute.com//form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-clerk-s-default-in-eviction">motion for Default with the court clerk</a> and then a <a style="text-decoration: underline;"href="https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-default-final-judgement-eviction">motion for default with the judge</a>.</p>
<h2 id="the-physical-eviction">The physical eviction</h2>
<p>If the landlord wins the eviction case (after a trial or by default), they can finally obtain a <a style="text-decoration: underline;"href="https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-writ-of-possession-in-an-eviction-case">writ of possession</a> form which is an order from the court to the sheriff to assist the landlord in taking physical posession of the property.</p>

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