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.
Comments
Lathesia Penn Reply
Posted Jun 16, 2024 at 19:02:57
After a 7 day notice to vacate, and tenant doesn’t vacate, how many days from the tenant not moving out, does the landlord have to file the eviction?
Debi Rumph Reply
Posted Jun 17, 2024 at 02:07:09
Lathesia, that’s a great question. The answer is that there is no specific requirement mandated by law. However, as a tenant attorney, I would prefer to see the tenant pay the rent after receiving the 7-day notice, and the landlord keeping the rent. If this happens, I argue that the landlord’s retention of the rent cancels the 7-day notice.
Nicholas Brummette Reply
Posted Oct 22, 2024 at 09:07:54
I received a seven day notice without cure for violation, the least term by nonpayment. I have a tempted to pay my rent to my landlord, but she’s not accepting it. What options do I have?
Debi Rumph Reply
Posted Oct 23, 2024 at 09:56:46
Dear Nicholas,
Thank you for reaching out and sharing your situation. Receiving a seven-day notice for nonpayment can be very stressful, especially when you’ve made efforts to pay your rent, but your landlord is refusing to accept it.
Here are a few steps you can take right away to protect yourself and document your efforts:
Send your payment via overnight mail: Use a service like USPS, FedEx, or UPS that provides tracking and confirmation of delivery. This will provide proof that you made the payment attempt, which is critical in your situation.
Document your efforts in writing: Send your landlord a formal communication (email or certified mail) that outlines the steps you’ve taken to make the rent payment. Include any attempts you’ve made to transfer the funds or meet with them directly.
Inform your landlord you will notify the court: In your communication, let your landlord know that if the matter escalates, you will inform the court of all your attempts to pay rent. This demonstrates that you are acting in good faith and trying to fulfill your obligations under the lease.
Additionally, it may be helpful to discuss your situation with an attorney. We offer a Talk to the Attorney service for $100 for a 15-minute consultation, where you can speak with an experienced lawyer who can provide personalized guidance on your next steps and how to protect yourself legally.
If you’d like to schedule a consultation, please let us know, and we’ll arrange it at a time that works for you.
Thank you again for reaching out, and we’re here to support you through this process.
Pamela Toms Reply
Posted Mar 01, 2025 at 08:32:42
I received a 7 day notice to cure for my guests being loud, disruptive, disorderly, yelling profanities, making obscene gestures, disturbing the peace, and a few other completely false accusations. There were no specifics, dates, times, who, where, in the allegations. Not a single neighbor has witnessed any of this. A girl in my community apparently hired by the property manager has been videotaping my family in our yard without our consent. She has reported all of this false info to the property manager. My question is, how long can this 7 day notice go back? Because 3 mths ago we had an incident involving an uninvited guest that got loud. That was all. In the past 30 days the only thing that happened was we told the videotaping spy to stop and yelled at her to leave us alone. She was videotaping us to try to prove i had unauthorized occupants in my home, but I don’t. My privacy is being invaded, and now I’m facing a possible eviction because I defended my rights as a resident here. I’ve already proved that my guests have their own residences by showing the property manager their leases. I may need to get a lawyer to defend myself but it’s going to cost me a fortune and none of this info is accurate and no evidence was given to support any of the allegations. I have 14 neighbors willing to go to court to defend me. What can I do?
Debi Rumph Reply
Posted Mar 03, 2025 at 07:28:32
This sounds incredibly stressful and invasive! It’s understandable that you’re concerned about a possible eviction based on these accusations.
First, regarding the 7-day notice, how far back it can reach depends on a few factors: When was the last time your landlord accepted rent from you? And what is the date of the current 7-day notice? The timeframe between these dates will be important in determining the validity of the notice.
The videotaping is a serious issue. You have a right to privacy, and surreptitiously recording you on your property is a violation of that right. Yelling at the person to stop videotaping you without your permission is, in my opinion, a reasonable response and shouldn’t be grounds for eviction.
It’s wise to be proactive in defending yourself. Like your landlord, you likely need legal counsel. It’s commendable that you have neighbors willing to testify on your behalf, but navigating the legal process can be complex.
Has a formal eviction lawsuit been filed with the court yet? This is a critical question, as it will determine the next steps you need to take. Responding to a 7-day notice is different from responding to a formal eviction lawsuit.
Because of the complexity of the situation, it’s essential to seek legal counsel.
Peter Reply
Posted Mar 07, 2025 at 10:57:59
Hey , we received a 7 day notice to vacate because of violation to the lease agreement the apartment complex say , I was arrested from my apartment and they put a 7 day notice to vacate on door after arrest. What can I do ? It’s no options to fix it
Debi Rumph Reply
Posted Mar 10, 2025 at 04:27:29
Hi there,
It sounds like you’re in a difficult situation. Receiving a 7-day notice to vacate after an arrest can be very concerning.
It’s crucial to understand that you must respond to this 7-day notice. Failing to do so could lead to further legal action.
What that response should include depends on several factors:
The specific terms of your lease agreement: Does it have clauses related to arrests or criminal activity?
The circumstances surrounding your arrest: What were the charges, and how do they relate to your lease agreement?
Many times, landlords use 7-day notices to scare tenants into leaving, even if they don’t have a legal basis for eviction. However, without a thorough analysis of your lease and the details of your arrest, it’s impossible to determine the best course of action. A workable strategy requires a case-specific analysis.
To determine your best course of action, it’s important to seek legal guidance. An attorney can review your lease, assess the circumstances of your arrest, and advise you on your rights and options.
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