In Florida, landlords must follow specific steps before evicting a tenant. One crucial step involves serving a 7-day eviction notice to the tenant. This article provides information on the different types of 7-day eviction notices and what tenants should do if they receive one.

Types of 7-Day Eviction Notices

Under Florida law, there are two types of 7-day eviction notices that tenants should be aware of:

1. 7-Day Notice Without Right to Cure: This type of notice is used for serious violations such as intentional property damage, repeated disturbances, or repeated violations. To avoid an eviction action from being filed, tenants must vacate the property within 7 days, with no chance to fix the issue. (Reference: Fla. Stat. §. 83.56(2)(a))

2. 7-Day Demand to Cure Notice: This type of notice is for less severe violations such as having unauthorized pets, guests, or vehicles or failing to keep the property clean. Tenants are given 7 days to address the problem and avoid eviction. (Reference: Fla. Stat. §. 83.56(2)(b))

Content and Delivery of the Notice

The notice should include:

·    Landlord and tenant information

·    Property address

·    Reason for eviction (specific violation)

Florida law allows for various service methods, including posting on the premises, certified mail, or personal service. Fla. Stat. §.83.53(4)

Responding to a 7-Day Eviction Notice

If you receive a 7-Day Eviction Notice:

·    Act Quickly: Review the notice carefully and respond promptly.

·    Dispute Inaccurate Claims: If the allegations are wrong, contest them immediately. Silence can be interpreted as an admission of guilt.

·    Consider Your Options: Depending on the notice type and violation, you may be able to:

o  Fix the issue within 7 days (for a Demand to Cure Notice)

o  Negotiate with your landlord.

o  Seek legal assistance from an experienced attorney and/or legal aid.

What Happens After Service of the Notice

(a) 7-Day Notice Without Right to Cure:

Upon receiving this notice, tenants have 7 days to vacate the property to avoid eviction. If they fail to leave by the deadline, the landlord may initiate an eviction lawsuit in court to obtain a court order requiring the tenant to move out. Since the eviction process can be complicated and move quickly, tenants in this situation should act promptly.

During the eviction proceedings, tenants have the right to defend themselves by proving that they did not violate the lease or Florida law or that the alleged violation did not occur.

(b) 7-Day Demand to Cure Notice:

Upon receiving this notice, tenants are granted seven days to address the violation by taking appropriate action, such as removing any unauthorized pets or cleaning up the rental property. Suppose the tenant successfully cures the violation and ensures that it does not recur within 12 months. In that case, they can continue to reside in the rental property. However, suppose the violation persists or recurs within a year. In that case, the landlord can initiate eviction proceedings without any further notice.

Importance of Legal Assistance

Eviction can be stressful and have serious consequences. It is highly recommended that you consult an attorney experienced in landlord-tenant law. They can advise you on your rights and explore options like avoiding the eviction, mediation or contesting the eviction in court.

Conclusion

Understanding 7-day eviction notices is crucial for Florida tenants. Knowing your rights and taking prompt action can help you navigate this challenging situation more effectively.

If you're a tenant facing a 7-Day Eviction Notice, don't panic. Reach out to us today and schedule your "Talk to the Attorney" session by visiting us at our Talk to the Attorney page. Our experienced attorneys are here to guide you through the legal process and protect your rights.