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7-Day Notice to Quit

Updated on Sat Aug 13 2022 |

When to use a 7-Day Notice to Quit

There are three different Eviction Notices in Florida 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 against the tenant, depending on the circumstances.

Landlords can click here prepare this eviction notice packet for free online.

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 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.

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 or 30-Day Notice.

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 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 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.

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 above includes a second page with a proof of service on it.

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