How to Evict a Tenant in Florida: 7-Day Cure Notice (Non-Rent)

When a Florida residential tenant violates a non-rent lease term — unauthorized pet, parking violation, noise complaint, occupancy excess — the eviction path is not the 3-day notice for non-payment. It is the 7-day notice to cure or vacate under Florida Statutes §83.56(2)(b). This how-to walks through the workflow from identifying the breach to enforcing a writ of possession.

The Florida Residential Landlord and Tenant Act is codified at Florida Statutes Chapter 83, Part II (§§83.40–83.683):

• https://www.flsenate.gov/Laws/Statutes/2024/Chapter83/PartII

The Florida Courts portal:

• https://flcourts.gov/

Step 1 — Identify the Type of Breach

§83.56 distinguishes among:

• Curable breach under §83.56(2)(b) — violations the tenant can fix (e.g., remove an unauthorized pet, cease parking violation, clean up debris);
• Non-curable breach under §83.56(2)(a) — violations that warrant immediate vacate (e.g., intentional destruction, repeated unreasonable disturbance);
• Non-payment of rent — handled under §83.56(3) with the 3-day notice (covered separately).

The 7-day notice applies to the first two categories. Use the right notice for the right breach.

Curable Examples (§83.56(2)(b))

• Tenant has an unauthorized pet in violation of a no-pets clause;
• Tenant parked in a reserved space repeatedly;
• Tenant exceeded occupancy limit by allowing extra residents;
• Tenant kept unsightly debris on the porch.

Non-Curable Examples (§83.56(2)(a))

• Tenant intentionally damaged the unit (e.g., punched holes in walls);
• Tenant has repeatedly disturbed neighbours, having previously been notified;
• Tenant is operating an illegal business in the unit;
• Tenant has caused damage to common areas.

The factual line between curable and non-curable is sometimes hard. Use the 7-day cure notice (§83.56(2)(b)) for first-instance curable violations; reserve the 7-day vacate notice (§83.56(2)(a)) for repeat or intentional misconduct.

Step 2 — Prepare the 7-Day Cure Notice

Under §83.56(2)(b), the notice must:

• Be in writing;
• Identify the rental unit address;
• Specify the noncompliance (the specific lease term breached and the conduct);
• Demand that the tenant cure the violation within 7 days; or
• Alternatively vacate the premises;
• State that if the same conduct (or substantially similar conduct) recurs within 12 months, the landlord may terminate without further opportunity to cure.

The conventional language is:

“You are hereby notified that you are not in compliance with [specific lease term] in that [specific factual description of the breach]. You have 7 days from delivery of this notice to either cure the noncompliance or vacate the premises. If similar conduct recurs within 12 months, your tenancy may be terminated without further notice and opportunity to cure pursuant to F.S. §83.56(2)(b).”

Sign and date the notice. The landlord or landlord’s authorised agent may sign.

Step 3 — Day-Counting (Different from 3-Day)

Unlike the 3-day notice under §83.56(3), the 7-day notice does not exclude weekends or legal holidays. The 7 days are counted as calendar days beginning the day after delivery.

Example

Notice delivered Friday, 1 May 2026.

• Day 0 — Friday, 1 May (day of delivery, not counted)
• Day 1 — Saturday, 2 May (counts)
• Day 2 — Sunday, 3 May (counts)
• Day 3 — Monday, 4 May (counts)
• Day 4 — Tuesday, 5 May (counts)
• Day 5 — Wednesday, 6 May (counts)
• Day 6 — Thursday, 7 May (counts)
• Day 7 — Friday, 8 May (counts)
• Notice expires end of day Friday, 8 May 2026

Step 4 — Serve the Notice

Methods of delivery:

• Personal hand delivery to the tenant;
• Leaving with someone over 15 at the rental unit;
• Posting in a conspicuous place at the unit if the tenant is absent;
• Some courts accept certified mail, but personal or posted delivery is preferred.

Document: date, time, method, photographs (if posted), name of person served (if delivered to a third party).

Step 5 — Wait the 7 Days

During the 7 days, watch for:

• Cure — tenant remedies the violation. The lease continues. If the tenant cures the same violation again within 12 months, no second cure period is required (the landlord may terminate immediately).
• Vacate — tenant moves out. Landlord recovers possession without court action.
• Neither — tenant remains and does not cure. Landlord proceeds to court.

Step 6 — File an Eviction Action

If the tenant neither cures nor vacates, file an eviction complaint in the county court where the property is located under §83.59.

Required filings:

• Eviction complaint — describes the breach, the notice, and the failure to cure;
• Copy of the lease;
• Copy of the 7-day notice with proof of service;
• Filing fee — typically USD 185 plus clerk surcharges (verify with county clerk);
• Summons to be served on the tenant.

The Florida Courts portal lists county court contact information:

• https://flcourts.gov/

Step 7 — Service on the Tenant

The court issues a summons and complaint. Serve through:

• Sheriff service (typical fee USD 40–50);
• Private process server (typical fee USD 50–100).

Personal delivery to the tenant or substituted service per Florida Rules of Civil Procedure.

Step 8 — Tenant’s Response

Under §83.60, the tenant has 5 business days from service to:

• File an answer with the court; and
• Deposit any disputed rent into the court registry — failure to deposit waives defenses (this is for non-payment cases; in a 7-day cure case, the rent-deposit rule may not apply directly).

If the tenant does not respond within 5 business days, the landlord may apply for a default judgment.

Step 9 — Hearing or Default Judgment

• Default — if the tenant does not respond, the court enters judgment for the landlord typically within 1–2 weeks of the missed deadline.
• Contested hearing — if the tenant responds, the court schedules a hearing, typically 2–4 weeks out. Both sides present evidence; the court rules on whether the breach occurred and whether the notice was properly given.

Step 10 — Writ of Possession

If the landlord prevails, the court issues a writ of possession. The writ is delivered to the county sheriff for execution.

• Sheriff posting time: typically 24 hours’ notice on the door before physical removal;
• Removal: the sheriff supervises the tenant’s removal of personal property;
• Timing from writ to removal: typically 1–3 weeks depending on county.

Step 11 — Total Timeline

For an uncontested 7-day cure-notice eviction:

• Day 1 — Notice delivered
• Day 8 — Notice expires
• Day 9 — File complaint, serve tenant
• Day 14 — Tenant’s 5-day response deadline
• Day 21 — Default judgment (uncontested) or hearing scheduled (contested)
• Day 35 — Writ of possession issued
• Day 42 — Sheriff enforces

Typical total: 3–6 weeks for uncontested cases; 6–10 weeks for contested cases.

Step 12 — Self-Help Eviction Is Illegal

Under §83.67, the landlord may not:

• Change locks or remove doors;
• Cause utility termination;
• Remove the tenant’s belongings.

Damages for self-help eviction: actual damages or three months’ rent, whichever is greater, plus reciprocal attorney’s fees under §83.48.

Common Errors

• Wrong notice for the wrong breach. Using a 3-day notice for a non-rent breach (or vice versa) is fatal to the eviction action.
• Vague description of the breach. A notice that says “you violated the lease” without specifying which term or what conduct is unenforceable.
• Counting days wrong. Calendar days for 7-day notices; business days excluding weekends/holidays for 3-day notices.
• Failure to follow up on cure. If the tenant cures the first instance, the landlord must wait for a second occurrence within 12 months before terminating without notice.
• No proof of service. Without documentation, the tenant can deny receipt and force the landlord to start over.

Special Note — Reciprocal Attorney’s Fees

Under F.S. §83.48, attorney’s fees provisions in Florida residential leases are reciprocal by operation of law. A clause that gives only the landlord attorney’s fees does not, in fact, prevent a prevailing tenant from recovering fees. A landlord who proceeds with a defective 7-day notice may end up paying the tenant’s attorney’s fees on dismissal — a meaningful financial risk in any eviction action.

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Disclaimer

Legal information, not legal advice. MmowW Scrib🐮 is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not Florida-licensed attorneys. For Florida eviction proceedings, retain a member of The Florida Bar.

Sources

1. Florida Statutes Chapter 83 Part II — https://www.flsenate.gov/Laws/Statutes/2024/Chapter83/PartII
2. Florida Senate — https://www.flsenate.gov/
3. Florida Courts — https://flcourts.gov/
4. Online Sunshine — http://www.leg.state.fl.us/Statutes/