If your tenant does not pay rent in Florida, you don’t start by changing locks, shutting off utilities, or removing belongings. The proper first step is serving a written 3-Day Notice to Pay Rent or Vacate. This notice gives the tenant three business days, not counting weekends or legal holidays, to pay the past-due rent or leave the property. If the tenant pays in full within the notice period, the eviction for nonpayment usually stops. If the tenant does not pay or move out, the landlord may file an eviction lawsuit in county court. From there, the case must go through the legal process before the sheriff can remove the tenant.
Sources:
- Fla. Stat. §§ 83.56(3), 83.56(4), 83.59, 83.62, 83.67
- Hankins v. Smith, 138 So. 494 (Fla. 1931)
- Palm Corp. v. 183rd Street Theatre Corp., 344 So. 2d 252 (Fla. 3d DCA 1977)
Case note: These cases back up the basic Florida rule that a landlord can’t just take the property back by force. Even if the tenant is behind, the landlord needs to use the court process.
