In Florida, a tenant does not have to be months behind before an eviction can begin. If rent is due on the 1st and is not paid when required by the lease, the landlord may generally serve a 3-Day Notice to Pay Rent or Vacate. Some leases give a grace period, so the landlord should check the lease before acting. Once the rent is legally late, the landlord can demand payment through the 3-Day Notice. The notice must be properly written and properly delivered. If the tenant fails to pay the rent owed or move out by the deadline, the landlord can file an eviction case. The court, not the landlord, decides possession.
Sources: Fla. Stat. §§ 83.46, 83.56(3), 83.56(4), 83.59; Bell v. Kornblatt, 705 So. 2d 113 (Fla. 4th DCA 1998).
Case note: Bell supports the idea that the statutory notice requirements matter in a Florida eviction case. If the landlord is relying on nonpayment, the notice step has to be handled correctly before the eviction moves forward.
