Legal Question in Real Estate Law in Florida

I have a tenant who is not paying rent and I gave them a Notice to Vacate as of 21 July 2010. I would like to know what my options are if they haven't moved by 22 July 2010.

I've read chapter 83 of the Florida Statues, and haven't found anything in it concerning a Notice to Vacate.

On another note their is a stipulation in their month to month rental agreement for a Notice to Vacate:

41. Termination of Rental Agreement

To terminate this rental agreement Landlord will need to provide a written letter to Tenant giving thirty (30) days to vacate. Tenant may terminate this rental agreement by also providing to the Landlord a written letter thirty (30) days prior to leaving


Asked on 7/14/10, 4:51 am

1 Answer from Attorneys
David Labovitz Labovitz Law Firm, P.A.

A notice to vacate for nonpayment of rent generally requires three days' notice. In your case, since you gave more than three days, you will have to wait until the expiration of the period of notice you provided. Once expired, your only option would be to file an eviction action to evict the tenant.

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Answered on 7/14/10, 5:24 pm


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